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Document 62022CA0392
Case C-392/22, Staatssecretaris van Justitie en Veiligheid (Mutual trust in the event of transfer): Judgment of the Court (Fourth Chamber) of 29 February 2024 (request for a preliminary ruling from the rechtbank Den Haag, zittingsplaats’s-Hertogenbosch - Netherlands) - X v Staatssecretaris van Justitie en Veiligheid (Reference for a preliminary ruling – Common policy on asylum and immigration – Application for international protection – Charter of Fundamental Rights of the European Union – Article 4 – Risks of inhuman or degrading treatment – Criteria and mechanisms for determining the Member State responsible for examining the application for international protection – Regulation (EU) No 604/2013 – Article 3(2) – Scope of the obligations of the Member State which has sought to have the applicant taken back by the Member State responsible and wishes to transfer the applicant to the latter Member State – Principle of mutual trust – Evidence and standard of proof of the real risk of inhuman or degrading treatment, resulting from systemic flaws – Practices of pushback to a third country and detention at border control posts)
Case C-392/22, Staatssecretaris van Justitie en Veiligheid (Mutual trust in the event of transfer): Judgment of the Court (Fourth Chamber) of 29 February 2024 (request for a preliminary ruling from the rechtbank Den Haag, zittingsplaats’s-Hertogenbosch - Netherlands) - X v Staatssecretaris van Justitie en Veiligheid (Reference for a preliminary ruling – Common policy on asylum and immigration – Application for international protection – Charter of Fundamental Rights of the European Union – Article 4 – Risks of inhuman or degrading treatment – Criteria and mechanisms for determining the Member State responsible for examining the application for international protection – Regulation (EU) No 604/2013 – Article 3(2) – Scope of the obligations of the Member State which has sought to have the applicant taken back by the Member State responsible and wishes to transfer the applicant to the latter Member State – Principle of mutual trust – Evidence and standard of proof of the real risk of inhuman or degrading treatment, resulting from systemic flaws – Practices of pushback to a third country and detention at border control posts)
Case C-392/22, Staatssecretaris van Justitie en Veiligheid (Mutual trust in the event of transfer): Judgment of the Court (Fourth Chamber) of 29 February 2024 (request for a preliminary ruling from the rechtbank Den Haag, zittingsplaats’s-Hertogenbosch - Netherlands) - X v Staatssecretaris van Justitie en Veiligheid (Reference for a preliminary ruling – Common policy on asylum and immigration – Application for international protection – Charter of Fundamental Rights of the European Union – Article 4 – Risks of inhuman or degrading treatment – Criteria and mechanisms for determining the Member State responsible for examining the application for international protection – Regulation (EU) No 604/2013 – Article 3(2) – Scope of the obligations of the Member State which has sought to have the applicant taken back by the Member State responsible and wishes to transfer the applicant to the latter Member State – Principle of mutual trust – Evidence and standard of proof of the real risk of inhuman or degrading treatment, resulting from systemic flaws – Practices of pushback to a third country and detention at border control posts)
OJ C, C/2024/2570, 22.4.2024, ELI: http://data.europa.eu/eli/C/2024/2570/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2024/2570 |
22.4.2024 |
Judgment of the Court (Fourth Chamber) of 29 February 2024 (request for a preliminary ruling from the rechtbank Den Haag, zittingsplaats’s-Hertogenbosch - Netherlands) - X v Staatssecretaris van Justitie en Veiligheid
(Case C-392/22, (1) Staatssecretaris van Justitie en Veiligheid (Mutual trust in the event of transfer))
(Reference for a preliminary ruling - Common policy on asylum and immigration - Application for international protection - Charter of Fundamental Rights of the European Union - Article 4 - Risks of inhuman or degrading treatment - Criteria and mechanisms for determining the Member State responsible for examining the application for international protection - Regulation (EU) No 604/2013 - Article 3(2) - Scope of the obligations of the Member State which has sought to have the applicant taken back by the Member State responsible and wishes to transfer the applicant to the latter Member State - Principle of mutual trust - Evidence and standard of proof of the real risk of inhuman or degrading treatment, resulting from systemic flaws - Practices of pushback to a third country and detention at border control posts)
(C/2024/2570)
Language of the case: Dutch
Referring court
Rechtbank Den Haag, zittingsplaats’s-Hertogenbosch
Parties to the main proceedings
Applicant: X
Defendant: Staatssecretaris van Justitie en Veiligheid
Operative part of the judgment
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1. |
The second subparagraph of Article 3(2) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person must be interpreted as meaning that the fact that the Member State responsible for examining a third-country national’s application for international protection has carried out pushbacks with respect to third-country nationals seeking to make such applications at its border and has detained them at its border control posts does not in itself preclude the transfer of that third-country national to that Member State. The transfer of that third-country national to that Member State must, however, be ruled out if there are substantial grounds for believing that he or she would, during his or her transfer or thereafter, face a real risk of being subjected to such practices, and that those practices are, depending on the circumstances, which it is for the competent authorities and any court or tribunal which may be seised of an action against the transfer decision to assess, capable of placing that third-country national in so grave a situation of extreme material poverty that it may be equated with the inhuman or degrading treatment prohibited by Article 4 of the Charter. |
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2. |
Regulation No 604/2013, read in the light of Article 4 of the Charter of Fundamental Rights, must be interpreted as meaning that:
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ELI: http://data.europa.eu/eli/C/2024/2570/oj
ISSN 1977-091X (electronic edition)