Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62019CA0821

Case C-821/19: Judgment of the Court (Grand Chamber) of 16 November 2021 — European Commission v Hungary (Actions for failure to fulfil obligations — Area of freedom, security and justice — Asylum policy — Directives 2013/32/EU and 2013/33/EU — Procedure for granting international protection — Grounds of inadmissibility — Concepts of ‘safe third country’ and ‘first country of asylum’ — Assistance given to asylum seekers — Criminalisation — Prohibition on entry to the border transit zone of the relevant Member State)

OJ C 24, 17.1.2022, pp. 4–5 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

17.1.2022   

EN

Official Journal of the European Union

C 24/4

Judgment of the Court (Grand Chamber) of 16 November 2021 — European Commission v Hungary

(Case C-821/19) (1)

(Actions for failure to fulfil obligations - Area of freedom, security and justice - Asylum policy - Directives 2013/32/EU and 2013/33/EU - Procedure for granting international protection - Grounds of inadmissibility - Concepts of ‘safe third country’ and ‘first country of asylum’ - Assistance given to asylum seekers - Criminalisation - Prohibition on entry to the border transit zone of the relevant Member State)

(2022/C 24/05)

Language of the case: Hungarian

Parties

Applicant: European Commission (represented initially by J. Tomkin, A. Tokár and M. Condou-Durande, and subsequently by J. Tomkin and A. Tokár, acting as Agents)

Defendant: Hungary (represented by: K. Szíjjártó, M. Tátrai and M.Z. Fehér, acting as Agents)

Operative part of the judgment

The Court:

1.

Declares that Hungary has failed to fulfil its obligations under:

—

Article 33(2) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection by allowing an application for international protection to be rejected as inadmissible on the ground that the applicant arrived on its territory via a State in which that person was not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection is guaranteed;

—

Article 8(2) and Article 22(1) of Directive 2013/32 and Article 10(4) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection by criminalising in its national law the actions of any person who, in connection with an organising activity, provides assistance in respect of the making or lodging of an application for asylum in its territory, where it can be proved beyond all reasonable doubt that that person was aware that that application could not be accepted under that law;

—

Article 8(2), Article 12(1)(c) and Article 22(1) of Directive 2013/32 and Article 10(4) of Directive 2013/33 by preventing any person who is suspected of having committed such an offence from the right to approach its external borders;

2.

Dismisses the action as to the remainder;

3.

Orders Hungary to bear its own costs and to pay four fifths of the costs of the European Commission;

4.

Orders the European Commission to bear one fifth of its costs.

(1)  OJ C 19, 20.1.2020.

Top