# C_2021278EN.01003601.xml

| 12.7.2021 | EN | Official Journal of the European Union | C 278/36 |
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12.7.2021

EN

Official Journal of the European Union

C 278/36

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Request for a preliminary ruling from the Tribunale Ordinario di Firenze (Italy) lodged on 10 May 2021 — XXX.XX v Ministero dell’Interno, Dipartimento per le Libertà civili e l’Immigrazione — Unità Dublino

(Case C-297/21)

(2021/C 278/50)

Language of the case: Italian

Referring court

Tribunale Ordinario di Firenze

Parties to the main proceedings

Applicant: XXX.XX

Defendant: Ministero dell’Interno, Dipartimento per le Libertà civili e l’Immigrazione — Unità Dublino

Questions referred

| 1. | Must Article 17(1) of Regulation (EU) No 604/2013 (1) be interpreted, in accordance with Articles 19 and 47 of the [Charter of Fundamental Rights of the European Union] and Article 27 of Regulation (EU) No 604/2013, as meaning that the court of the Member State, hearing an appeal against the decision of the Dublin Unit, may establish the responsibility of the Member State which would have to carry out the transfer under Article 18(1)(d), if it determines the existence, in the Member State responsible, of a risk of infringement of the principle of non-refoulement by returning the applicant to his country of origin, where the applicant’s life would be in danger and where he would be at risk of inhuman and degrading treatment? |
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1.

Must Article 17(1) of Regulation (EU) No 604/2013 (1) be interpreted, in accordance with Articles 19 and 47 of the [Charter of Fundamental Rights of the European Union] and Article 27 of Regulation (EU) No 604/2013, as meaning that the court of the Member State, hearing an appeal against the decision of the Dublin Unit, may establish the responsibility of the Member State which would have to carry out the transfer under Article 18(1)(d), if it determines the existence, in the Member State responsible, of a risk of infringement of the principle of non-refoulement by returning the applicant to his country of origin, where the applicant’s life would be in danger and where he would be at risk of inhuman and degrading treatment?

| 2. | In the alternative, must Article 3(2) of Regulation (EU) No 604/2013 be interpreted in accordance with Articles 19 and 47 of the [Charter] and Article 27 of Regulation (EU) No 604/2013, as meaning that the court may establish the responsibility of the Member State required to carry out the transfer under Article 18(1)(d) of that regulation, where it is established that:






  (a) | there is a risk in the Member State responsible of infringing the principle of non-refoulement by returning the applicant to his country of origin, where his life would be in danger and where he would be at risk of inhuman or degrading treatment? |
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2.

In the alternative, must Article 3(2) of Regulation (EU) No 604/2013 be interpreted in accordance with Articles 19 and 47 of the [Charter] and Article 27 of Regulation (EU) No 604/2013, as meaning that the court may establish the responsibility of the Member State required to carry out the transfer under Article 18(1)(d) of that regulation, where it is established that:

(a)

there is a risk in the Member State responsible of infringing the principle of non-refoulement by returning the applicant to his country of origin, where his life would be in danger and where he would be at risk of inhuman or degrading treatment?

| (b) | it is impossible to carry out the transfer to another Member State designated on the basis of the criteria set out in Chapter III of Regulation (EU) No 604/2013? |
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(b)

it is impossible to carry out the transfer to another Member State designated on the basis of the criteria set out in Chapter III of Regulation (EU) No 604/2013?

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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 2013 L 180, p. 31).

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