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CJEU Joined Cases C-47/17 and C-48/17 / Judgment

X and X v Staatssecretaris van Veiligheid en Justitie

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Grand CHamber)
Type:
Decision
Decision date:
13/11/2018

Key facts of the case:

Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Regulation (EC) No 1560/2003 — Determination of the Member State responsible for examining an application for international protection — Criteria and mechanisms for determination — Request to take charge of or take back an asylum seeker — Negative reply from the requested Member State — Re‑examination request — Article 5(2) of Regulation No 1560/2003 — Time limit for replying — Expiry — Effects

Outcome of the case:

On those grounds, the Court (Grand Chamber) hereby rules:

Article 5(2) of Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, as amended by Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014, must be interpreted as meaning that, in the course of the procedure for determining the Member State that is responsible for processing an application for international protection, the Member State which receives a take charge or take back request under Articles 21 and 23 of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, which, after making the necessary checks, has replied in the negative to that request within the time limits laid down in Articles 22 and 25 of Regulation No 604/2013 and which, thereafter, receives a re-examination request under Article 5(2) of Regulation (EC) No 1560/2003, must endeavour, in the spirit of sincere cooperation, to reply to the re-examination request within a period of two weeks.

Where the requested Member State does not reply within that period of two weeks to the re-examination request, the additional re-examination procedure shall be definitively terminated, with the result that the requesting Member State must, as from the expiry of that period, be considered to be responsible for the examination of the application for international protection, unless it still has available to it the time needed to lodge, within the mandatory time limits laid down for that purpose in Article 21(1) and Article 23(2) of Regulation No 604/2013, a further take charge or take back request.