Case C-338/21, Staatssecretaris van Justitie en Veiligheid (Transfer time limit — Trafficking in human beings): Judgment of the Court (First Chamber) of 30 March 2023 (request for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie en Veiligheid v S.S., N.Z., S.S (Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection — Article 27 — Appeal against a transfer decision taken in respect of an asylum seeker — Article 29 — Suspension of implementation of the transfer decision — Transfer time limit — Interruption of the transfer time limit — Directive 2004/81/EC — Residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities — Article 6 — Reflection period — Prohibition on enforcing an expulsion order — Remedies)
Date: 2023-03-30
Institutions: Court of Justice
Subjects: appeal, asylum seeker, removal, residence permit, right of asylum, trafficking in human beings








C_2023179EN.01000301.xml










22.5.2023   


EN


Official Journal of the European Union


C 179/3






Judgment of the Court (First Chamber) of 30 March 2023 (request for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie en Veiligheid v S.S., N.Z., S.S
(Case C-338/21, (1) Staatssecretaris van Justitie en Veiligheid (Transfer time limit — Trafficking in human beings))
(Reference for a preliminary ruling - Regulation (EU) No 604/2013 - Determination of the Member State responsible for examining an application for international protection - Article 27 - Appeal against a transfer decision taken in respect of an asylum seeker - Article 29 - Suspension of implementation of the transfer decision - Transfer time limit - Interruption of the transfer time limit - Directive 2004/81/EC - Residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities - Article 6 - Reflection period - Prohibition on enforcing an expulsion order - Remedies)
(2023/C 179/03)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicant: Staatssecretaris van Justitie en Veiligheid

Defendants: S.S., N.Z., S.S

Operative part of the judgment

Article 29(1) and (2) 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, read in conjunction with Article 27(3) of that regulation,
must be interpreted as:






—


not precluding national legislation which provides that the submission of a request for review of a decision refusing to grant a third-country national a residence permit as a victim of trafficking in human beings entails the suspension of the implementation of a previously adopted transfer decision concerning that third-country national, but as










—


precluding national legislation which provides that such a suspension entails the suspension or interruption of the period for the transfer of that third-country national.






(1)  OJ C 431, 25.10.2021.