# C_2022318EN.01001802.xml

| 22.8.2022 | EN | Official Journal of the European Union | C 318/18 |
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22.8.2022

EN

Official Journal of the European Union

C 318/18

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Judgment of the Court (First Chamber) of 30 June 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — M.A.

(Case C-72/22 PPU) (1)

(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Asylum and immigration policy - Directive 2011/95/EU - Article 4 - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Articles 6 and 7 - Standards for the reception of applicants for international protection - Article 18 of the Charter of Fundamental Rights of the European Union - Directive 2013/33/EU - Article 8 - Detention of the applicant - Ground for detention - Protection of national security or public order - Detention of the applicant for having entered the territory of the European Union unlawfully)

(2022/C 318/25)

Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings

Applicant: M.A.

Intervener: Valstybės sienos apsaugos tarnyba

Operative part of the judgment

| 1. | Articles 6 and 7(1) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection must be interpreted as precluding legislation of a Member State pursuant to which, in the event of a declaration of a state of war or a state of emergency or a declaration of an emergency due to a mass influx of foreigners, illegally staying third-country nationals are de facto denied the opportunity of having access, in the territory of that Member State, to the procedure for examining an application for international protection. |
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1.

Articles 6 and 7(1) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection must be interpreted as precluding legislation of a Member State pursuant to which, in the event of a declaration of a state of war or a state of emergency or a declaration of an emergency due to a mass influx of foreigners, illegally staying third-country nationals are de facto denied the opportunity of having access, in the territory of that Member State, to the procedure for examining an application for international protection.

| 2. | Article 8(2) and (3) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of persons seeking international protection must be interpreted as precluding legislation of a Member State under which, in the event of a declaration of a state of war or a state of emergency or a declaration of an emergency due to a mass influx of foreigners, an applicant for asylum may be detained on the sole ground that his or her stay in the territory of that Member State is unlawful. |
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2.

Article 8(2) and (3) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of persons seeking international protection must be interpreted as precluding legislation of a Member State under which, in the event of a declaration of a state of war or a state of emergency or a declaration of an emergency due to a mass influx of foreigners, an applicant for asylum may be detained on the sole ground that his or her stay in the territory of that Member State is unlawful.

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(1)  OJ C 171, 25.4.2022.

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