| 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).