Case C-564/18: Judgment of the Court (First Chamber) of 19 March 2020 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — LH v Bevándorlási és Menekültügyi Hivatal (Reference for a preliminary ruling — Asylum policy — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Application for international protection — Article 33(2) — Grounds of inadmissibility — National legislation under which an application is inadmissible if the applicant has arrived in the Member State concerned via a country in which he or she is not exposed to persecution or the risk of serious harm, or if that country provides sufficient protection — Article 46 — Right to an effective remedy — Judicial review of administrative decisions concerning the inadmissibility of applications for international protection — Time limit of eight days within which to give a decision — Article 47 of the Charter of Fundamental Rights of the European Union)
Date: 2020-03-19
Institutions: Court of Justice
Subjects: judicial review, right of asylum, right to justice








C_2020222EN.01001001.xml










6.7.2020   


EN


Official Journal of the European Union


C 222/10






Judgment of the Court (First Chamber) of 19 March 2020 (request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság — Hungary) — LH v Bevándorlási és Menekültügyi Hivatal
(Case C-564/18) (1)

(Reference for a preliminary ruling - Asylum policy - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Application for international protection - Article 33(2) - Grounds of inadmissibility - National legislation under which an application is inadmissible if the applicant has arrived in the Member State concerned via a country in which he or she is not exposed to persecution or the risk of serious harm, or if that country provides sufficient protection - Article 46 - Right to an effective remedy - Judicial review of administrative decisions concerning the inadmissibility of applications for international protection - Time limit of eight days within which to give a decision - Article 47 of the Charter of Fundamental Rights of the European Union)
(2020/C 222/10)
Language of the case: Hungarian

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings


Applicant: LH

Defendant: Bevándorlási és Menekültügyi Hivatal

Operative part of the judgment







1.


Article 33 of 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 must be interpreted as precluding national legislation which allows an application for international protection to be rejected as inadmissible on the ground that the applicant arrived on the territory of the Member State concerned via a State in which that person was not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection is guaranteed;










2.


Article 46(3) of Directive 2013/32, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding national legislation which sets a time limit of eight days within which a court hearing an appeal against a decision rejecting an application for international protection as inadmissible is to give a decision, where that court is unable to ensure, within such a time limit, that the substantive rules and procedural guarantees enjoyed by the applicant under EU law are effective.






(1)  OJ C 436, 3.12.2018.