CJEU: Request for a preliminary ruling, Case C-657/17 Hussein

Date: 
Friday, November 24, 2017

On 24 November 2017, the Supreme Administrative Court of Austria lodged a request for a preliminary ruling to the CJEU regarding the transfer of responsibility under the Dublin III Regulation in case of a failure to respect the time limit for submitting a request for re-examination. The questions referred read as follows:

Does a failure to respect the time limit specified in Article 5(2) of Regulation No 1560/2003 (‘the Implementing Regulation’) for submitting a request for re-examination in the case where the requested Member State has refused a take charge request in a timely manner pursuant to Article 21(1) of Regulation No 604/2013 (‘the Dublin III Regulation’) result in responsibility being transferred to the requesting Member State in the case where the requesting Member State initially submitted a take charge request in a timely manner within the meaning of the first subparagraph of Article 21(1) of the Dublin III Regulation and the requested Member State was determined, on the basis of (subsequent) investigations, to be the responsible Member State in accordance with the criteria set out in Chapter III of the Dublin III Regulation?

Can the requested Member State — and which is the Member State responsible in accordance with the criteria set out in Chapter III of the Dublin III Regulation — effectively accede to the take charge request under Article 21(1) of the Dublin III Regulation even though the time limit for replying specified in Article 22(7) of that regulation has already passed and the requested Member State had previously refused the take charge request in a timely manner?

 

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Keywords: 
Dublin Transfer
Responsibility for examining application