Case C-60/06: Order of the President of the Court of 20 February 2008 (reference for a preliminary ruling from the Bayerisches Landessozialgericht, Germany) — Grete Schlepps v Deutsche Rentenversicherung Oberbayern
Date: 2008-02-20
Institutions: Court of Justice
Subjects: Austria, Germany, free movement of workers, interpretation of the law, residence, social legislation, social-security benefit, worker (EU)

C 128/26

EN

Official Journal of the European Union

24.5.2008

departure of the applicant for asylum without his giving
notice as a withdrawal and the procedure for examination of
the application is discontinued by a decision of the Secretary
General of the Ministry of Public Order that is notified to the
person concerned as a person whose whereabouts are
unknown. That decision can be set aside only if the applicant
presents himself to the competent authorities again no later
than three months from notification of the decision, and
provided that he adduces evidence showing that his absence
was due to force majeure.

3. The passage of an applicant for asylum, without his giving
notice, from the Member State in which he has submitted
the application for asylum to another Member State is one of
the typical situations that Regulation No 343/2003 seeks
specifically to regulate so as to ensure that the merits of his
application are examined by the State considered responsible
for examining the application, under Article 16(1) of the
regulation.

4. However, the requirements imposed by Article 2(8) of the
presidential decree have the combined effect of making it
impossible in practice to challenge a discontinuance decision
before the courts and to have real access to the procedure
for determining a refugee's status.

5. The Hellenic Republic acknowledged that Greek legislation
may create a problem in relation to Regulation No 343/2003
and displayed willingness to take measures in that regard.
the
it proposed solving the problem by means of
Thus,
adoption of a presidential decree which would transpose
Council Directive 2005/85/EC into national law and would
specify that the provisions at issue would not apply in cases
where Regulation No 343/2003 applied.

6. At the same time it gave assurances that it would examine
the merits of every application for asylum of persons who
are transferred for re-examination within the framework of
it would revoke any
Regulation No 343/2003 and that
discontinuance decisions that had been adopted.

7. The Commission takes account of those assurances given by
the Hellenic Republic. None the less, it considers that they
are not sufficient to guarantee the required legal certainty
regarding the correct
in all cases of an
application for asylum, of the regulation's provisions and in
particular of the examination of the merits of every applica-
tion for asylum, in such a way as to ensure actual and effec-
tive access for refugees to the procedures for making deter-
minations.

implementation,

8. On the basis of the foregoing, the Commission considers
that, by failing to adopt the necessary measures to ensure
that it examines the merits of applications for asylum of
third-country nationals in respect of whom a discontinuance
decision has been issued on the ground of arbitrary depar-
in accordance with
ture and whom it has taken back,
Article 3(1) of Regulation No 343/2003,
the Hellenic
Republic has failed to fulfil its obligations under that provi-
sion.

Order of the President of the Court of 20 February 2008
(reference for a preliminary ruling from the Bayerisches
Landessozialgericht, Germany) — Grete Schlepps v
Deutsche Rentenversicherung Oberbayern

(Case C-60/06) (1)

(2008/C 128/47)

Language of the case: German

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 131, 3.6.2006.

Order of the President of the First Chamber of the Court
of 27 February 2008 (reference for a preliminary ruling
from the Oberlandesgericht Stuttgart, Germany) —
Raiffeisenbank Mutlangen eG v Roland Schabel

(Case C-99/06) (1)

(2008/C 128/48)

Language of the case: German

The President of the First Chamber of the Court has ordered
that the case be removed from the register.

(1) OJ C 96, 22.4.2006.

Order of the President of the Seventh Chamber of the
Court of 11 March 2008 (reference for a preliminary ruling
from the Tribunale di Genova, Italy) — Consel Gi. Emme
Srl v Sistema Logistico dell'Arco Ligure e Alessandrino Srl
(SLALA)

(Case C-467/06) (1)

(2008/C 128/49)

Language of the case: Italian

The President of the Court (Seventh Chamber) has ordered that
the case be removed from the register.

(1) OJ C 326, 30.12.2006.