Case C-821/19: Judgment of the Court (Grand Chamber) of 16 November 2021 — European Commission v Hungary (Actions for failure to fulfil obligations — Area of freedom, security and justice — Asylum policy — Directives 2013/32/EU and 2013/33/EU — Procedure for granting international protection — Grounds of inadmissibility — Concepts of ‘safe third country’ and ‘first country of asylum’ — Assistance given to asylum seekers — Criminalisation — Prohibition on entry to the border transit zone of the relevant Member State)
Date: 2021-11-16
Institutions: Court of Justice
Subjects: EU migration policy, asylum seeker, frontier, infringement of EU law, national implementing measure, national law, offence, right of asylum, third country








C_2022024EN.01000401.xml










17.1.2022   


EN


Official Journal of the European Union


C 24/4






Judgment of the Court (Grand Chamber) of 16 November 2021 — European Commission v Hungary
(Case C-821/19) (1)

(Actions for failure to fulfil obligations - Area of freedom, security and justice - Asylum policy - Directives 2013/32/EU and 2013/33/EU - Procedure for granting international protection - Grounds of inadmissibility - Concepts of ‘safe third country’ and ‘first country of asylum’ - Assistance given to asylum seekers - Criminalisation - Prohibition on entry to the border transit zone of the relevant Member State)
(2022/C 24/05)
Language of the case: Hungarian

Parties


Applicant: European Commission (represented initially by J. Tomkin, A. Tokár and M. Condou-Durande, and subsequently by J. Tomkin and A. Tokár, acting as Agents)

Defendant: Hungary (represented by: K. Szíjjártó, M. Tátrai and M.Z. Fehér, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that Hungary has failed to fulfil its obligations under:






—


Article 33(2) 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 by allowing an application for international protection to be rejected as inadmissible on the ground that the applicant arrived on its territory 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;










—


Article 8(2) and Article 22(1) of Directive 2013/32 and Article 10(4) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection by criminalising in its national law the actions of any person who, in connection with an organising activity, provides assistance in respect of the making or lodging of an application for asylum in its territory, where it can be proved beyond all reasonable doubt that that person was aware that that application could not be accepted under that law;










—


Article 8(2), Article 12(1)(c) and Article 22(1) of Directive 2013/32 and Article 10(4) of Directive 2013/33 by preventing any person who is suspected of having committed such an offence from the right to approach its external borders;














2.


Dismisses the action as to the remainder;










3.


Orders Hungary to bear its own costs and to pay four fifths of the costs of the European Commission;










4.


Orders the European Commission to bear one fifth of its costs.






(1)  OJ C 19, 20.1.2020.