Choose the experimental features you want to try

This document is an excerpt from the EUR-Lex website

Document 62026CN0182

Case C-182/26 PPU, Hardeker: Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Haarlem (Netherlands) lodged on 9 March 2026 – DL v Minister van Asiel en Migratie

OJ C, C/2026/2508, 11.5.2026, ELI: http://data.europa.eu/eli/C/2026/2508/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)

ELI: http://data.europa.eu/eli/C/2026/2508/oj

European flag

Official Journal
of the European Union

EN

C series


C/2026/2508

11.5.2026

Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Haarlem (Netherlands) lodged on 9 March 2026 – DL v Minister van Asiel en Migratie

(Case C-182/26 PPU, Hardeker  (1) )

(C/2026/2508)

Language of the case: Dutch

Referring court

Rechtbank Den Haag, zittingsplaats Haarlem

Parties to the main proceedings

Applicant: DL

Defendant: Minister van Asiel en Migratie

Questions referred

1.

In a situation such as this, in which three possible countries of return are specified in the return decision and it was not (yet) clear at the time of the adoption of that decision to which country the foreign national would return, must a refoulement assessment be carried out at the time of the adoption of the return decision? Is the court ruling on the detention entitled to assess this of its own motion as a specific requirement of the return decision, even if no remedy against that return decision has been sought from that court?

a.

If so, must the refoulement assessment cover all possible countries of return specified in the return decision? Must the refoulement assessment be carried out as if the foreign national were a national of, or originated from, the specified countries of return, or is it sufficient to base the assessment solely on the general situation in the countries concerned, whether or not in conjunction with what is known about the foreign national, such as his religion or population group? Is a distinction to be drawn between the assessment to be made by the administrative body in that situation and the assessment to be made by the court, and if so, how?

b.

What role does the fact that the foreign national cooperates or does not cooperate in determining a country of return play in that regard?

2.

In a situation such as this, in which three possible countries of return are specified in the return decision and it was not (yet) clear at the time of detention to which country the foreign national is required to return, must a refoulement assessment be carried out when the detention order is imposed, given that the purpose of the detention is to facilitate the return of that foreign national, including by keeping him available for the purpose of determining his nationality or origin, and thus the country to which he is required to return? If so, must the refoulement assessment cover all possible countries of return specified in the return decision?

a.

What role does the fact that the foreign national cooperates or does not cooperate in determining a country of return play in that regard?

3.

If the answer to the first and second questions is in the negative, is it permissible in a situation such as this to postpone the conduct of a refoulement assessment until it is clear to which country the foreign national is required to return, for example, because his nationality has been confirmed by the authorities of that country or the foreign national himself has provided evidence of his nationality?


(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.


ELI: http://data.europa.eu/eli/C/2026/2508/oj

ISSN 1977-091X (electronic edition)


Top