5.3.2011

Official Journal of the European Union

C 72/15

Reference for a preliminary ruling from the Kammarrätten I Stockholm — Migrationsöverdomstolen (Sweden) lodged on 27 December 2010 — Migrationsverket v Nurije Kastrati, Valdrina Kastrati, Valdrin Kastrati

(Case C-620/10)

2011/C 72/26

Language of the case: Swedish

Referring court

Kammarrätten I Stockholm — Migrationsöverdomstolen

Parties to the main proceedings

Applicant: Migrationsverket

Defendants: Nurije Kastrati, Valdrina Kastrati, Valdrin Kastrati

Questions referred

In the light inter alia of the stipulations of Article 5(2) of Regulation No 343/2003 (1) and/or the absence of provisions in the regulation on the cessation of a Member State’s responsibility to examine an asylum application other than those contained in the second subparagraph of Article 4(5) and Article 16(3) and (4), is Regulation No 343/2003 to be interpreted as meaning that the withdrawal of an asylum application does not affect the possibility of applying the regulation?

2.	Is the stage in the process at which the asylum application is withdrawn relevant in answering the question set out above?

(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 national, OJ 2003 L 50, p. 1