Judgment of the Court (First Chamber) of 30 June 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — M.A.

(Case C-72/22 PPU) (1)

(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Asylum and immigration policy - Directive 2011/95/EU - Article 4 - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Articles 6 and 7 - Standards for the reception of applicants for international protection - Article 18 of the Charter of Fundamental Rights of the European Union - Directive 2013/33/EU - Article 8 - Detention of the applicant - Ground for detention - Protection of national security or public order - Detention of the applicant for having entered the territory of the European Union unlawfully)

(2022/C 318/25)

Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings

Applicant: M.A.

Intervener: Valstybės sienos apsaugos tarnyba

Operative part of the judgment

Articles 6 and 7(1) 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 must be interpreted as precluding legislation of a Member State pursuant to which, in the event of a declaration of a state of war or a state of emergency or a declaration of an emergency due to a mass influx of foreigners, illegally staying third-country nationals are de facto denied the opportunity of having access, in the territory of that Member State, to the procedure for examining an application for international protection.

Article 8(2) and (3) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of persons seeking international protection must be interpreted as precluding legislation of a Member State under which, in the event of a declaration of a state of war or a state of emergency or a declaration of an emergency due to a mass influx of foreigners, an applicant for asylum may be detained on the sole ground that his or her stay in the territory of that Member State is unlawful.

(1) OJ C 171, 25.4.2022.