23.3.2013   

EN

Official Journal of the European Union

C 86/9


Reference for a preliminary ruling from Supreme Court (Ireland) made on 27 December 2012 — HN v Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

(Case C-604/12)

2013/C 86/14

Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings

Applicant: HN

Defendants: Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

Question referred

Does Council Directive 2004/83/EC (1), interpreted in the light of the principle of good administration in the law of the European Union and, in particular, as provided by Article 41 of the Charter of Fundamental Rights of the European Union, permit a Member State, to provide in its law that an application for subsidiary protection status can be considered only if the applicant has applied for and been refused refugee status in accordance with national law?


(1)  Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted

OJ L 304, p. 2