CJEU - C 394/12 / Judgment

Shamso Abdullahi v Bundesasylamt
Deciding body type
Court of Justice of the European Union
Deciding body
General Court (Grand Chamber)
Type
Decision
Decision date
10/12/2013

Handvest van de grondrechten van de Europese Unie

Title I: Dignity

Article 4 - Prohibition of torture and inhuman or degrading treatment or punishment

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  • CJEU - C 394/12 / Judgment
    Key facts of the case:
    1. This request for a preliminary ruling concerns the interpretation of Articles 10, 16, 18 and 19 of Council Regulation (EC) No 343/2003 of 18 February 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 (OJ 2003 L 50, p. 1).
    2. The request has been made in the course of proceedings between Ms Abdullahi, a Somali national, and the Bundesasylamt (Austrian Federal Asylum Office), concerning the determination of the Member State responsible for examining the asylum application that Ms Abdullahi had lodged with that authority.
    Results (sanctions) and key consequences of the case:
     
    Article 19(2) of Council Regulation (EC) No 343/2003 of 18 February 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 must be interpreted as meaning that, in circumstances where a Member State has agreed to take charge of an applicant for asylum on the basis of the criterion laid down in Article 10(1) of that regulation – namely, as the Member State of the first entry of the applicant for asylum into the European Union – the only way in which the applicant for asylum can call into question the choice of that criterion is by pleading systemic deficiencies in the asylum procedure and in the conditions for the reception of applicants for asylum in that Member State, which provide substantial grounds for believing that the applicant for asylum would face a real risk of being subjected to inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union.
  • Paragraphs referring to EU Charter

     

    60-62