Opinion of the Advocate General — ECLI:EU:C:2018:975
Date: 2018-11-29
Language of the case: Dutch
Subject matter: Asylum policy;Area of freedom, security and justice
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 4 October 2017 — Staatssecretaris van Veiligheid en Justitie v H. (Case C-582/17) Language of the case: Dutch Referring court Raad van State Parties to the main proceedings Applicant: Staatssecretaris van Veiligheid en Justitie Defendant: H. Question referred Must Regulation (EU) No 604/2013 1 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 … be interpreted as meaning that only the Member State in which the application for international protection was first lodged can determine the Member State responsible, with the result that a foreign national has a legal remedy only in that Member State, under Article 27 of the Dublin Regulation, against the incorrect application of one of the criteria for determining responsibility set out in Chapter III of that Regulation, including Article 9? ____________ 1 OJ 2013 L 180, p. 31; ‘the Dublin Regulation’.