Communication: new case No. 0497 of 2021

IDENTIFIER
62021CN0497
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REQUEST DATE
REFERENCES MADE
0
REFERENCED
0
DOCUMENT TYPE
Communication: new case

Judgment



13.12.2021   

EN

Official Journal of the European Union

C 502/12


Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht (Germany) lodged on 13 August 2021 — SI and Others v Federal Republic of Germany

(Case C-497/21)

(2021/C 502/19)

Language of the case: German

Referring court

Schleswig-Holsteinisches Verwaltungsgericht

Parties to the main proceedings

Applicants: SI, TL, ND, VH, YT, HN

Defendant: Federal Republic of Germany

Questions referred

1.

Is national legislation under which an application for international protection can be rejected as an inadmissible subsequent application compatible with Article 33(2)(d) and Article 2(q) of Directive 2013/32/EU (1) if the unsuccessful initial asylum procedure was conducted in a different EU Member State?

2.

If the answer to Question 1 is in the affirmative: Is national legislation under which an application for international protection can be rejected as an inadmissible subsequent application compatible with Article 33(2)(d) and Article 2(q) of Directive 2013/32/EU even if the unsuccessful initial asylum procedure was conducted in Denmark?

3.

If the answer to Question 2 is in the negative: Is national legislation under which an application for asylum is inadmissible in the event of a subsequent application and which makes no distinction in that respect between refugee status and subsidiary protection status compatible with Article 33(2)[(d)] of Directive 2013/32/EU?


(1)  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 (OJ 2013 L 180, p. 60).



Citations

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