# C_2018052EN.01002002.xml

| 12.2.2018 | EN | Official Journal of the European Union | C 52/20 |
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12.2.2018

EN

Official Journal of the European Union

C 52/20

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Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 24 November 2017 — Hussein Mohamad Hussein

(Case C-657/17)

(2018/C 052/29)

Language of the case: German

Referring court

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Appellant on a point of law: Hussein Mohamad Hussein

Appellant on a point of law:

Respondent authority: Bundesamt für Fremdenwesen und Asyl

Respondent authority:

Questions referred

Questions referred

| 1. | Does a failure to respect the time limit specified in Article 5(2) of Regulation No 1560/2003 (1) (‘the Implementing Regulation’) for submitting a request for re-examination in the case where the requested Member State has refused a take charge request in a timely manner pursuant to Article 21(1) of Regulation No 604/2013 (‘the Dublin III Regulation’) (2) result in responsibility being transferred to the requesting Member State in the case where the requesting Member State initially submitted a take charge request in a timely manner within the meaning of the first subparagraph of Article 21(1) of the Dublin III Regulation and the requested Member State was determined, on the basis of (subsequent) investigations, to be the responsible Member State in accordance with the criteria set out in Chapter III of the Dublin III Regulation? |
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1.

Does a failure to respect the time limit specified in Article 5(2) of Regulation No 1560/2003 (1) (‘the Implementing Regulation’) for submitting a request for re-examination in the case where the requested Member State has refused a take charge request in a timely manner pursuant to Article 21(1) of Regulation No 604/2013 (‘the Dublin III Regulation’) (2) result in responsibility being transferred to the requesting Member State in the case where the requesting Member State initially submitted a take charge request in a timely manner within the meaning of the first subparagraph of Article 21(1) of the Dublin III Regulation and the requested Member State was determined, on the basis of (subsequent) investigations, to be the responsible Member State in accordance with the criteria set out in Chapter III of the Dublin III Regulation?

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| 2. | Can the requested Member State — and which is the Member State responsible in accordance with the criteria set out in Chapter III of the Dublin III Regulation — effectively accede to the take charge request under Article 21(1) of the Dublin III Regulation even though the time limit for replying specified in Article 22(7) of that regulation has already passed and the requested Member State had previously refused the take charge request in a timely manner? |
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2.

Can the requested Member State — and which is the Member State responsible in accordance with the criteria set out in Chapter III of the Dublin III Regulation — effectively accede to the take charge request under Article 21(1) of the Dublin III Regulation even though the time limit for replying specified in Article 22(7) of that regulation has already passed and the requested Member State had previously refused the take charge request in a timely manner?

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(1)  Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ 2003 L 222, p. 3).

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(2)  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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