# C_2021297EN.01002701.xml

| 26.7.2021 | EN | Official Journal of the European Union | C 297/27 |
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26.7.2021

EN

Official Journal of the European Union

C 297/27

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Request for a preliminary ruling from the Tribunale di Trieste (Italy) lodged on 26 May 2021 — GE v Ministero dell’Interno, Dipartimento per le Libertà civili e l’Immigrazione — Unità Dublino

(Case C-328/21)

(2021/C 297/31)

Language of the case: Italian

Referring court

Tribunale di Trieste

Parties to the main proceedings

Appellant: GE

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

Questions referred

| 1. | Must Article 27 of Regulation (EU) No 604/2013 (1) be interpreted:






  — | as meaning that a failure to provide the information leaflet required under Article 4(2) and (3) of Regulation (EU) No 604/2013 to a person who meets the conditions described in Article 23(1) of Regulation (EU) No 604/2013 in itself renders the transfer decision irremediably invalid (and potentially also establishes the responsibility of the Member State to which the person has submitted the new application to take a decision on the application for international protection); |
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1.

Must Article 27 of Regulation (EU) No 604/2013 (1) be interpreted:

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as meaning that a failure to provide the information leaflet required under Article 4(2) and (3) of Regulation (EU) No 604/2013 to a person who meets the conditions described in Article 23(1) of Regulation (EU) No 604/2013 in itself renders the transfer decision irremediably invalid (and potentially also establishes the responsibility of the Member State to which the person has submitted the new application to take a decision on the application for international protection);

| — | or as meaning that it is for the appellant to prove in court that the procedure would have had a different outcome if the leaflet had been provided to him or her? |
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or as meaning that it is for the appellant to prove in court that the procedure would have had a different outcome if the leaflet had been provided to him or her?

| 2. | Must Article 27 of Regulation (EU) No 604/2013 be interpreted:






  — | as meaning that a failure to provide the information leaflet required under Article 29 of Regulation (EU) No 603/2013 to a person who meets the conditions described in Article 24(1) of Regulation (EU) No 604/2013 in itself renders the transfer decision irremediably invalid (and potentially also results in the need to provide a possibility to submit a new application for international protection); |
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2.

Must Article 27 of Regulation (EU) No 604/2013 be interpreted:

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as meaning that a failure to provide the information leaflet required under Article 29 of Regulation (EU) No 603/2013 to a person who meets the conditions described in Article 24(1) of Regulation (EU) No 604/2013 in itself renders the transfer decision irremediably invalid (and potentially also results in the need to provide a possibility to submit a new application for international protection);

| — | or as meaning that it is for the appellant to prove in court that the procedure would have had a different outcome if the leaflet had been provided to him or her? |
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or as meaning that it is for the appellant to prove in court that the procedure would have had a different outcome if the leaflet had been provided to him or her?

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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 (OJ 2013 L 180, p. 31).

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