# C_2019206EN.01000501.xml

| 17.6.2019 | EN | Official Journal of the European Union | C 206/5 |
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17.6.2019

EN

Official Journal of the European Union

C 206/5

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Judgment of the Court (Grand Chamber) of 2 April 2019 (requests for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Veiligheid en Justitie v H. (C-582/17), R. (C-583/17)

(Joined Cases C-582/17 and C-583/17) (1)

(Reference for a preliminary ruling - Determination of the Member State responsible for examining an application for international protection - Regulation (EU) No 604/2013 - Article 18(1)(b) to (d) - Article 23(1) - Article 24(1) - Take back procedure - Criteria for determining responsibility - New application lodged in another Member State - Article 20(5) - Ongoing determination process - Withdrawal of the application - Article 27 - Remedies)

(2019/C 206/06)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicant: Staatssecretaris van Veiligheid en Justitie

Defendants: H. (C-582/17), R. (C-583/17)

Operative part of the judgment

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 must be interpreted as meaning that a third-country national who lodged an application for international protection in a first Member State, then left that Member State and subsequently lodged a new application for international protection in a second Member State:

| — | is not, in principle, entitled to rely, in an action brought under Article 27(1) of the Regulation in that second Member State against a decision to transfer him or her, on the criterion for determining responsibility set out in Article 9 thereof; |
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is not, in principle, entitled to rely, in an action brought under Article 27(1) of the Regulation in that second Member State against a decision to transfer him or her, on the criterion for determining responsibility set out in Article 9 thereof;

| — | may, by way of exception, invoke, in such an action, that criterion for determining responsibility, in a situation covered by Article 20(5) of the Regulation, in so far as that third-country national has provided the competent authority of the requesting Member State with information clearly establishing that it should be regarded as the Member State responsible for examining the application pursuant to that criterion for determining responsibility. |
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may, by way of exception, invoke, in such an action, that criterion for determining responsibility, in a situation covered by Article 20(5) of the Regulation, in so far as that third-country national has provided the competent authority of the requesting Member State with information clearly establishing that it should be regarded as the Member State responsible for examining the application pursuant to that criterion for determining responsibility.

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(1)  OJ C 424, 11.12.2017.

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