# C_2018301EN.01000701.xml

| 27.8.2018 | EN | Official Journal of the European Union | C 301/7 |
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27.8.2018

EN

Official Journal of the European Union

C 301/7

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Judgment of the Court (Third Chamber) of 5 July 2018 (request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Amsterdam — the Netherlands) — X v Staatssecretaris van Veiligheid en Justitie

(Case C-213/17) (1)

((Reference for a preliminary ruling - Regulation (EU) No 604/2013 - Determining the Member State responsible for examining an application for international protection made in one of the Member States by a third-country national - Articles 17, 18, 23 and 24 - Prior international protection procedure ongoing in one Member State - New application in another Member State - Take back request not made within the prescribed periods - Surrender of the person concerned for criminal prosecution))

(2018/C 301/08)

Language of the case: Dutch

Referring court

Rechtbank Den Haag, zittingsplaats Amsterdam

Parties to the main proceedings

Applicant: X

Defendant: Staatssecretaris van Veiligheid en Justitie

Operative part of the judgment

| 1. | Article 23(3) of 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 the Member State in which a new application for international protection has been lodged is responsible for examining that application when no take back request has been made by that Member State within the periods laid down in Article 23(2) of that regulation, even though another Member State was responsible for examining applications for international protection lodged previously and the appeal brought against the rejection of one of those applications was pending before a court of that other Member State when those periods expired. |
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1.

Article 23(3) of 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 the Member State in which a new application for international protection has been lodged is responsible for examining that application when no take back request has been made by that Member State within the periods laid down in Article 23(2) of that regulation, even though another Member State was responsible for examining applications for international protection lodged previously and the appeal brought against the rejection of one of those applications was pending before a court of that other Member State when those periods expired.

| 2. | Article 18(2) of Regulation No 604/2013 must be interpreted as meaning that the making by a Member State of a take back request in respect of a third-country national who is staying on its territory without a residence document does not require that Member State to suspend its examination of an appeal brought against the rejection of an application for international protection lodged previously, and subsequently to terminate that examination in the event that the requested Member State agrees to that request. |
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2.

Article 18(2) of Regulation No 604/2013 must be interpreted as meaning that the making by a Member State of a take back request in respect of a third-country national who is staying on its territory without a residence document does not require that Member State to suspend its examination of an appeal brought against the rejection of an application for international protection lodged previously, and subsequently to terminate that examination in the event that the requested Member State agrees to that request.

| 3. | Article 24(5) of Regulation No 604/2013 must be interpreted as meaning that, in a situation such as that at issue in the main proceedings, a Member State making a take back request on the basis of Article 24 of that regulation, following the expiry, in the requested Member State, of the periods laid down in Article 23(2) thereof, is not required to inform the authorities of that requested Member State that an appeal brought against the rejection of an application for international protection lodged previously is pending before a court of the requesting Member State. |
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3.

Article 24(5) of Regulation No 604/2013 must be interpreted as meaning that, in a situation such as that at issue in the main proceedings, a Member State making a take back request on the basis of Article 24 of that regulation, following the expiry, in the requested Member State, of the periods laid down in Article 23(2) thereof, is not required to inform the authorities of that requested Member State that an appeal brought against the rejection of an application for international protection lodged previously is pending before a court of the requesting Member State.

| 4. | Article 17(1) and Article 24 of Regulation No 604/2013 must be interpreted as meaning that, in a situation such as that at issue in the main proceedings at the time the transfer decision was made, in which an applicant for international protection has been surrendered by one Member State to another Member State under a European arrest warrant and is staying on the territory of that second Member State without having lodged a new application for international protection there, that second Member State may request that first Member State to take back that applicant and is not required to decide to examine the application lodged by that applicant. |
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4.

Article 17(1) and Article 24 of Regulation No 604/2013 must be interpreted as meaning that, in a situation such as that at issue in the main proceedings at the time the transfer decision was made, in which an applicant for international protection has been surrendered by one Member State to another Member State under a European arrest warrant and is staying on the territory of that second Member State without having lodged a new application for international protection there, that second Member State may request that first Member State to take back that applicant and is not required to decide to examine the application lodged by that applicant.

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(1)  OJ C 239, 24.7.2017.

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