This document is an excerpt from the EUR-Lex website
Document 62019CA0322
Joined Cases C-322/19 and C-385/19: Judgment of the Court (Fourth Chamber) of 14 January 2021 (requests for a preliminary ruling from the High Court (Ireland), International Protection Appeals Tribunal — Ireland) — K.S., M.H.K. v The International Protection Appeals Tribunal, The Minister for Justice and Equality, Ireland and the Attorney General (C-322/19), R.A.T., D.S. v Minister for Justice and Equality (C-385/19) (References for a preliminary ruling — Border controls, asylum and immigration — International protection — Standards for the reception of applicants for international protection — Directive 2013/33/EU — Third-country national who has travelled from one Member State of the European Union to another, but who has applied for international protection only in the latter Member State — Decision to transfer to the first Member State — Regulation (EU) No 604/2013 — Access to the labour market as an applicant for international protection)
Joined Cases C-322/19 and C-385/19: Judgment of the Court (Fourth Chamber) of 14 January 2021 (requests for a preliminary ruling from the High Court (Ireland), International Protection Appeals Tribunal — Ireland) — K.S., M.H.K. v The International Protection Appeals Tribunal, The Minister for Justice and Equality, Ireland and the Attorney General (C-322/19), R.A.T., D.S. v Minister for Justice and Equality (C-385/19) (References for a preliminary ruling — Border controls, asylum and immigration — International protection — Standards for the reception of applicants for international protection — Directive 2013/33/EU — Third-country national who has travelled from one Member State of the European Union to another, but who has applied for international protection only in the latter Member State — Decision to transfer to the first Member State — Regulation (EU) No 604/2013 — Access to the labour market as an applicant for international protection)
Joined Cases C-322/19 and C-385/19: Judgment of the Court (Fourth Chamber) of 14 January 2021 (requests for a preliminary ruling from the High Court (Ireland), International Protection Appeals Tribunal — Ireland) — K.S., M.H.K. v The International Protection Appeals Tribunal, The Minister for Justice and Equality, Ireland and the Attorney General (C-322/19), R.A.T., D.S. v Minister for Justice and Equality (C-385/19) (References for a preliminary ruling — Border controls, asylum and immigration — International protection — Standards for the reception of applicants for international protection — Directive 2013/33/EU — Third-country national who has travelled from one Member State of the European Union to another, but who has applied for international protection only in the latter Member State — Decision to transfer to the first Member State — Regulation (EU) No 604/2013 — Access to the labour market as an applicant for international protection)
OJ C 72, 1.3.2021, p. 5–6
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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1.3.2021 |
EN |
Official Journal of the European Union |
C 72/5 |
Judgment of the Court (Fourth Chamber) of 14 January 2021 (requests for a preliminary ruling from the High Court (Ireland), International Protection Appeals Tribunal — Ireland) — K.S., M.H.K. v The International Protection Appeals Tribunal, The Minister for Justice and Equality, Ireland and the Attorney General (C-322/19), R.A.T., D.S. v Minister for Justice and Equality (C-385/19)
(Joined Cases C-322/19 and C-385/19) (1)
(References for a preliminary ruling - Border controls, asylum and immigration - International protection - Standards for the reception of applicants for international protection - Directive 2013/33/EU - Third-country national who has travelled from one Member State of the European Union to another, but who has applied for international protection only in the latter Member State - Decision to transfer to the first Member State - Regulation (EU) No 604/2013 - Access to the labour market as an applicant for international protection)
(2021/C 72/07)
Language of the case: English
Referring courts
High Court (Ireland), International Protection Appeals Tribunal
Parties to the main proceedings
Applicants: K.S., M.H.K. (C-322/19), R.A.T., D.S. (C-385/19)
Defendants: The International Protection Appeals Tribunal, The Minister for Justice and Equality, Ireland and the Attorney General (C-322/19), Minister for Justice and Equality (C-385/19)
Operative part of the judgment
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1. |
A national court must take account 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, which, pursuant to Articles 1 and 2 and Article 4a(1) of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, does not apply in the Member State of that court, in order to interpret the provisions 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, which is, by contrast, applicable in that Member State in accordance with Article 4 of that protocol. |
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2. |
Article 15 of Directive 2013/33 must be interpreted as precluding national legislation which excludes an applicant for international protection from access to the labour market on the sole ground that a transfer decision has been taken in his or her regard under 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. |
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3. |
Article 15(1) of Directive 2013/33 must be interpreted as meaning that:
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