# C_2017347EN.01000902.xml

| 16.10.2017 | EN | Official Journal of the European Union | C 347/9 |
| --- | --- | --- | --- |

16.10.2017

EN

Official Journal of the European Union

C 347/9

---

Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 20 July 2017 — Federal Republic of Germany v Taus Magamadov

(Case C-438/17)

(2017/C 347/10)

Language of the case: German

Referring court

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Parties to the main proceedings

Appellant: Federal Republic of Germany

Appellant:

Respondent: Taus Magamadov

Respondent:

Questions referred

Questions referred

| 1. | Does the transitional provision contained in the first paragraph of Article 52 of Directive 2013/32/EU (1) preclude the application of national legislation which, in transposition of the power conferred in Article 33(2)(a) of Directive 2013/32/EU, which is more extensive than that conferred in the directive that preceded it, provides that an application for international protection is inadmissible if the applicant has been granted subsidiary protection in another Member State, in so far as the national legislation, in the absence of any national transitional provisions, is applicable even to applications lodged before 20 July 2015? Is that in any event the case if, in accordance with Article 49 of Regulation (EU) No 604/2013, the asylum application still falls entirely within the scope of Regulation (EC) No 343/2003? |
| --- | --- |

1.

Does the transitional provision contained in the first paragraph of Article 52 of Directive 2013/32/EU (1) preclude the application of national legislation which, in transposition of the power conferred in Article 33(2)(a) of Directive 2013/32/EU, which is more extensive than that conferred in the directive that preceded it, provides that an application for international protection is inadmissible if the applicant has been granted subsidiary protection in another Member State, in so far as the national legislation, in the absence of any national transitional provisions, is applicable even to applications lodged before 20 July 2015? Is that in any event the case if, in accordance with Article 49 of Regulation (EU) No 604/2013, the asylum application still falls entirely within the scope of Regulation (EC) No 343/2003?

1

| 2. | In particular, does the transitional provision contained in the first paragraph of Article 52 of Directive 2013/32/EU allow the Member States, in particular, to transpose the extended power conferred in Article 33(2)(a) of Directive 2013/32/EU retroactively, with the result that even applications that were lodged before the entry into force of Directive 2013/32/EU and before that extended power was transposed into national law, but that were not yet the subject of a final decision at the time of transposition, are inadmissible? |
| --- | --- |

2.

In particular, does the transitional provision contained in the first paragraph of Article 52 of Directive 2013/32/EU allow the Member States, in particular, to transpose the extended power conferred in Article 33(2)(a) of Directive 2013/32/EU retroactively, with the result that even applications that were lodged before the entry into force of Directive 2013/32/EU and before that extended power was transposed into national law, but that were not yet the subject of a final decision at the time of transposition, are inadmissible?

---

(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).

1

---