L.N.T. v. the Netherlands and Italy (no. 28686/14), 17 November 2015, decision to strike out case

Tuesday, November 17, 2015

A committee of the ECtHR has decided to strike out the case of L.N.T. v. the Netherlands and Italy. The applicant is an Eritrean national who claimed asylum in the Netherlands but faced transfer to Italy pursuant to the Dublin II Regulation. She was granted an interim measure to prevent this, and argued that such transfer would violate her rights under Articles 3, 8 and 13 ECHR as she was pregnant which increased her vulnerability, her husband was in the Netherlands and she argued there was no effective remedies for addressing the lack of care and reception facilities which asylum seekers find themselves when staying in a reception centre in Italy. After the case was communicated and both governments were invited to submit their observations in light of the judgment in Tarakhel v. Switzerland; the Netherlands government gave the applicant the opportunity to file a fresh asylum request in the Netherlands and decided not to transfer her to Italy. She informed the Court that she did not wish to maintain her application and it was struck out unanimously, also ending the Rule 39 measures. 

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Dublin Transfer
Effective remedy (right to)
Family unity (right to)
Inhuman or degrading treatment or punishment
Material reception conditions
Reception conditions
Vulnerable person