Judgment of the Court (Third Chamber) of 20 October 2016 (request for a preliminary ruling from the Court of Appeal — Ireland) — Evelyn Danqua v Minister for Justice and Equality, Ireland, Attorney General

(Case C-429/15) (1)

((Reference for a preliminary ruling - Directive 2004/83/EC - Minimum standards for granting refugee status or subsidiary protection status - National procedural rule laying down, for the submission of an application for subsidiary protection, a period of 15 working days from notification of the rejection of the application for asylum - Procedural autonomy of the Member States - Principle of equivalence - Principle of effectiveness - Proper conduct of the procedure for examining the application for subsidiary protection - Proper conduct of the return procedure - Not compatible))

(2016/C 475/09)

Language of the case: English

Referring court

Court of Appeal

Parties to the main proceedings

Appellant: Evelyn Danqua

Respondents: Minister for Justice and Equality, Ireland, Attorney General

Operative part of the judgment

The principle of effectiveness must be interpreted as precluding a national procedural rule, such as that at issue in the main proceedings, which requires an application for subsidiary protection status to be made within a period of 15 working days of notification, by the competent authority, that an applicant whose asylum application has been rejected may make an application for subsidiary protection.

(1)  OJ C 320, 28.9.2015.