French Council of State: national authorities must consider applying Article 17 DRIII (discretionary clause) should a transfer not be possible due to a child’s health conditions

Tuesday, December 5, 2017

On 5 December 2017, the French Council of State ruled on case no. 416192, regarding the transfer of a couple and their minor children from France to Norway under the Dublin III Regulation. Following the issuance of the decision to transfer the family to Norway, the couple had a second child who was born with a congenital heart disease. Taking into account the baby’s health condition, the couple requested their application to be examined in France, relying upon Articles 16 and 17 of the Dublin III Regulation.

The French Council of State ruled that the national authorities had not taken the birth of the child into account and must now assess if the child’s health conditions allow for a transfer to Norway, if that country can provide adequate reception to the four members of the family and if the new born will have access to all necessary medical care. If this is not the case, the administrative authority must consider making use of Article 17 of the Dublin III Regulation.

Based on an unofficial translation by the ELENA Weekly Legal Update.

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Dublin Transfer
Material reception conditions
Medical Reports/Medico-legal Reports