# C_2012073EN.01001901.xml

| 10.3.2012 | EN | Official Journal of the European Union | C 73/19 |
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10.3.2012

EN

Official Journal of the European Union

C 73/19

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Reference for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen (Germany) lodged on 30 December 2011 — M and Others v Federal Republic of Germany

(Case C-666/11)

2012/C 73/34

Language of the case: German

Referring court

Referring court

Oberverwaltungsgericht für das Land Nordrhein-Westfalen

Parties to the main proceedings

Parties to the main proceedings

Applicants: M, N, O, P, Q

Applicants:

Defendant: Federal Republic of Germany

Defendant:

Questions referred

Questions referred

| 1. | In court proceedings concerning a declaration of lack of responsibility and an order that he be removed to the Member State responsible in the view of the Member State in which an application for asylum was lodged (requesting Member State), may an asylum seeker rely on the fact that the transfer has not taken place within the time-limit of six months under Article 19(4) of Council Regulation (EC) No 343/2003 of 18 February 2003 (1) and therefore that the responsibility lies with the requesting Member State? |
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1.

In court proceedings concerning a declaration of lack of responsibility and an order that he be removed to the Member State responsible in the view of the Member State in which an application for asylum was lodged (requesting Member State), may an asylum seeker rely on the fact that the transfer has not taken place within the time-limit of six months under Article 19(4) of Council Regulation (EC) No 343/2003 of 18 February 2003 (1) and therefore that the responsibility lies with the requesting Member State?

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| 2. | Does a suicide attempt, even one which is faked, as a result of which transfer to the Member State responsible is not possible, constitute absconding within the meaning of the second sentence of Article 19(4) of Council Regulation (EC) No 343/2003? |
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2.

Does a suicide attempt, even one which is faked, as a result of which transfer to the Member State responsible is not possible, constitute absconding within the meaning of the second sentence of Article 19(4) of Council Regulation (EC) No 343/2003?

| 3. | In court proceedings concerning a declaration of lack of responsibility and an order that he be removed, may an asylum seeker rely on a transfer of responsibility under the second sentence of Article 9(2) of Commission Regulation (EC) No 1560/2003 of 2 September 2003? (2) |
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3.

In court proceedings concerning a declaration of lack of responsibility and an order that he be removed, may an asylum seeker rely on a transfer of responsibility under the second sentence of Article 9(2) of Commission Regulation (EC) No 1560/2003 of 2 September 2003? (2)

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| 4. | If the requesting Member State informs the Member State responsible that the transfer which has already been organised has been postponed, but not that the transfer cannot be carried out within the time-limit of six months, does this prevent the transfer of responsibility under the second sentence of Article 9(2) of Commission Regulation (EC) No 1560/2003 of 2 September 2003? |
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4.

If the requesting Member State informs the Member State responsible that the transfer which has already been organised has been postponed, but not that the transfer cannot be carried out within the time-limit of six months, does this prevent the transfer of responsibility under the second sentence of Article 9(2) of Commission Regulation (EC) No 1560/2003 of 2 September 2003?

| 5. | Does the asylum seeker have a right, enforceable by him in the courts, to require a Member State to examine the assumption of responsibility under the first sentence of Article 3(2) of Council Regulation (EC) No 43/2003 and to inform him about the grounds for its decision? |
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5.

Does the asylum seeker have a right, enforceable by him in the courts, to require a Member State to examine the assumption of responsibility under the first sentence of Article 3(2) of Council Regulation (EC) No 43/2003 and to inform him about the grounds for its decision?

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(1)  Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ 2003 L 50, p. 1).

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(2)  Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ 2003 L 222, p. 3).

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