# C_2015198EN.01002301.xml

| 15.6.2015 | EN | Official Journal of the European Union | C 198/23 |
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15.6.2015

EN

Official Journal of the European Union

C 198/23

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Request for a preliminary ruling from the Kammarrätten i Stockholm — Migrationsöverdomstolen (Sweden) lodged on 1 April 2015 — George Karim v Migrationsverket

(Case C-155/15)

(2015/C 198/31)

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:

Questions referred

Questions referred

| 1. | Do the new provisions on effective legal remedies in Regulation No 604/2013 (1) (recital 19 in the preamble thereto and Article 27(1) and (5) thereof) mean that an applicant for asylum is also to be able to challenge the criteria in Chapter III of the regulation on the basis of which he or she is to be transferred to another Member State which has agreed to receive him or her, or can effective legal remedies be limited to mean only the right to an examination of whether there are systemic deficiencies in the asylum procedure and the reception conditions in the Member State to which the applicant is to be transferred (corresponding to the ruling of the Court of Justice in Case C-394/12)? |
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1.

Do the new provisions on effective legal remedies in Regulation No 604/2013 (1) (recital 19 in the preamble thereto and Article 27(1) and (5) thereof) mean that an applicant for asylum is also to be able to challenge the criteria in Chapter III of the regulation on the basis of which he or she is to be transferred to another Member State which has agreed to receive him or her, or can effective legal remedies be limited to mean only the right to an examination of whether there are systemic deficiencies in the asylum procedure and the reception conditions in the Member State to which the applicant is to be transferred (corresponding to the ruling of the Court of Justice in Case C-394/12)?

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| 2. | In the event that the Court should consider that it is possible to challenge the criteria in Chapter III of the regulation, an answer is also requested to the following question. Does Article 19(2) of Regulation No 604/2013 mean that the regulation may not be applied where the applicant for asylum shows that he or she has been outside the territory of the Member States for at least three months? |
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2.

In the event that the Court should consider that it is possible to challenge the criteria in Chapter III of the regulation, an answer is also requested to the following question. Does Article 19(2) of Regulation No 604/2013 mean that the regulation may not be applied where the applicant for asylum shows that he or she has been outside the territory of the Member States for at least three months?

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(1)  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 (recast) (OJ L 180, p. 31).

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