Reference for a preliminary ruling from High Court of Ireland made on 15 October 2010 — M. E. and others v Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform

(Case C-493/10)

Referring court

High Court of Ireland

Parties to the main proceedings

Applicants: M. E. and others

Defendants: Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform

Questions referred

1. Is the transferring Member State under Council Regulation (EC) No. 343/2003 [1] obliged to assess the compliance of the receiving Member State with Article 18 of the Charter of Fundamental Rights and Freedoms of the EU, Council Directives 2003/9EC [2], 2004/83/EC [3] and 2005/85/EC [4] and Council Regulation (EC) No. 343/2003?

2. If the answer is yes, and if the receiving Member State is found not to be in compliance with one or more of those provisions, is the transferring Member Sate obliged to accept responsibility for examining the application under Article 3(2) of Council Regulation (EC) No. 343/2003?

[1] 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 nationalOJ L 50, p. 1

[2] Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekersOJ L 31, p. 18

[3] Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection grantedOJ L 304, p. 2

[4] Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee statusOJ L 326, p. 13

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