# C_2016296EN.01001401.xml

| 16.8.2016 | EN | Official Journal of the European Union | C 296/14 |
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16.8.2016

EN

Official Journal of the European Union

C 296/14

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Judgment of the Court (Grand Chamber) of 7 June 2016 (request for a preliminary ruling from the Kammarrätten i Stockholm — Migrationsöverdomstolen — Sweden) — George Karim v Migrationsverket

(Case C-155/15) (1)

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((Reference for a preliminary ruling - Regulation (EU) No 604/2013 - Determination of the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national - Article 18 - Taking back an asylum seeker whose application is being examined - Article 19 - Cessation of responsibility - Absence from the territory of the Member States for a period of at least three months - New procedure for determining the Member State responsible - Article 27 - Remedy - Extent of judicial review))

(2016/C 296/18)

Language of the case: Swedish

Referring court

Referring court

Kammarrätten i Stockholm — Migrationsöverdomstolen

Parties to the main proceedings

Parties to the main proceedings

Applicant: George Karim

Applicant:

Defendant: Migrationsverket

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 19(2) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person must be interpreted to the effect that that provision, in particular its second subparagraph, is applicable to a third-country national who, after having made a first asylum application in a Member State, provides evidence that he left the territory of the Member States for a period of at least three months before making a new asylum application in another Member State. |
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1.

Article 19(2) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person must be interpreted to the effect that that provision, in particular its second subparagraph, is applicable to a third-country national who, after having made a first asylum application in a Member State, provides evidence that he left the territory of the Member States for a period of at least three months before making a new asylum application in another Member State.

| 2. | Article 27(1) of Regulation No 604/2013, read in the light of recital 19 thereof, must be interpreted to the effect that, in a situation such as that at issue in the main proceedings, an asylum applicant may, in an action challenging a transfer decision made in respect of him, invoke an infringement of the rule set out in the second subparagraph of Article 19(2) of that regulation. |
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2.

Article 27(1) of Regulation No 604/2013, read in the light of recital 19 thereof, must be interpreted to the effect that, in a situation such as that at issue in the main proceedings, an asylum applicant may, in an action challenging a transfer decision made in respect of him, invoke an infringement of the rule set out in the second subparagraph of Article 19(2) of that regulation.

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(1)  OJ C 198, 15.6.2015.

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