# C_2020137EN.01003501.xml

| 27.4.2020 | EN | Official Journal of the European Union | C 137/35 |
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27.4.2020

EN

Official Journal of the European Union

C 137/35

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Request for a preliminary ruling from the Juzgado de Instrucción n.o 3 de San Bartolomé de Tirajana (Spain) lodged on 25 January 2020 — Ministerio Fiscal v VL

(Case C-36/20)

(2020/C 137/48)

Language of the case: Spanish

Referring court

Juzgado de Instrucción n.o 3 de San Bartolomé de Tirajana

Parties to the main proceedings

Applicant: Ministerio Fiscal

Defendant: VL

Questions referred

| 1. | The second subparagraph of Article 6(1) of Directive 2013/32/EU (1) provides for the situation where applications for international protection are made before other authorities that are not competent to register them under national law, in which event Member States are to ensure that the registration takes place no later than six working days after the application is made.
  Is the foregoing to be interpreted as meaning that examining magistrates who are competent to adjudicate on the detention or otherwise of foreign nationals under Spanish national law are to be regarded as one of those ‘other authorities’, which are not competent to register an application for international protection but before which applicants may nonetheless indicate their intention to make such an application? |
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1.

The second subparagraph of Article 6(1) of Directive 2013/32/EU (1) provides for the situation where applications for international protection are made before other authorities that are not competent to register them under national law, in which event Member States are to ensure that the registration takes place no later than six working days after the application is made.

Is the foregoing to be interpreted as meaning that examining magistrates who are competent to adjudicate on the detention or otherwise of foreign nationals under Spanish national law are to be regarded as one of those ‘other authorities’, which are not competent to register an application for international protection but before which applicants may nonetheless indicate their intention to make such an application?

| 2. | If an examining magistrate is deemed to be one of those authorities, is Article 6(1) of Directive 2013/32/EU to be interpreted as meaning that he or she must provide applicants with information on where and how to make an application for international protection, and, if such an application is made, transfer it to the body competent under national law to register and process it, as well as to the competent administrative body, so that the applicant can be granted the reception measures provided for in Article 17 of Directive 2013/33/EU? (2) |
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2.

If an examining magistrate is deemed to be one of those authorities, is Article 6(1) of Directive 2013/32/EU to be interpreted as meaning that he or she must provide applicants with information on where and how to make an application for international protection, and, if such an application is made, transfer it to the body competent under national law to register and process it, as well as to the competent administrative body, so that the applicant can be granted the reception measures provided for in Article 17 of Directive 2013/33/EU? (2)

| 3. | Are Article 26 of Directive 2013/32/EU and Article 8 of Directive 2013/33/EU to be interpreted as meaning that a third-country national may not be held in detention unless the conditions laid down in Article 8(3) of Directive 2013/33/EU are met, on the ground that the applicant is protected by the principle of non-refoulement from the point at which he indicates his intention [to apply for international protection] before the examining magistrate? |
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3.

Are Article 26 of Directive 2013/32/EU and Article 8 of Directive 2013/33/EU to be interpreted as meaning that a third-country national may not be held in detention unless the conditions laid down in Article 8(3) of Directive 2013/33/EU are met, on the ground that the applicant is protected by the principle of non-refoulement from the point at which he indicates his intention [to apply for international protection] before the examining magistrate?

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(1)  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 OJ 2013 L 180, p. 60

(2)  Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection OJ 2013 L 180, p. 96

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