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Key facts of the case:
Several third country nationals applied for asylum in UK or Ireland, respectively. Each of them having entered first EU territory in Greece, according to the Dublin II Regulation, had to be sent back to Greece as the responsible Member State. However, the courts seized by the applicants decided to refer to the Court of Justice of the European Union.
Results (sanctions) and key consequences of the case:
The court ruled that the decision adopted by a Member State to examine an asylum application for which it is not responsible according to the criteria laid down in the Council Regulation (EC) No 343/2003, implements European Union law for the purposes of Article 6 TEU and/or Article 51 of the Charter of Fundamental Rights of the European Union. Furthermore, the court affirmed that European Union law precludes the application of a conclusive presumption that the Member State which the Regulation No 343/2003 indicates as responsible observes the fundamental rights of the European Union. Article 4 of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that the Member States, including the national courts, may not transfer an asylum seeker to the ‘Member State responsible’ within the meaning of Regulation No 343/2003 where they cannot be unaware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that Member State amount to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment within the meaning of that provision.The Member State which should carry out that transfer must examine the criteria set out in order to establish whether one of the criteria enshrined in the Regulation enables another Member State to be identified as responsible for the examination of the asylum application. The Member State in which the asylum seeker is present must ensure that it does not worsen a situation where the fundamental rights of that applicant have been infringed by using a procedure for determining the Member State responsible which takes an unreasonable length of time. If necessary, the first mentioned Member State must itself examine the application in accordance with the procedure laid down in Article 3(2) of Regulation No 343/2003.