Case C-216/22,  Bundesrepublik Deutschland (Admissibility of a subsequent application): Judgment of the Court (Grand Chamber) of 8 February 2024 (request for a preliminary ruling from the Verwaltungsgericht Sigmaringen – Germany) – A.A. v Bundesrepublik Deutschland (Reference for a preliminary ruling – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 33(2)(d) and Article 40(2) and (3) – Subsequent application – Conditions for rejecting such an application as inadmissible – Concept of ‘new elements or findings’ – Judgment of the Court on a question of interpretation of EU law – Article 46 – Right to an effective remedy – Jurisdiction of the national court or tribunal to rule on such an application on the merits in the event of illegality of the decision rejecting an application as inadmissible – Procedural safeguards – Article 14(2))
Date: 2024-02-08
Institutions: Court of Justice
Subjects: asylum seeker, international protection, interpretation of the law, right of asylum, right to an effective remedy








C_202402274EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/2274


2.4.2024





Judgment of the Court (Grand Chamber) of 8 February 2024 (request for a preliminary ruling from the Verwaltungsgericht Sigmaringen — Germany) — A.A. v Bundesrepublik Deutschland
(Case C-216/22, (1) Bundesrepublik Deutschland (Admissibility of a subsequent application))
(Reference for a preliminary ruling - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Article 33(2)(d) and Article 40(2) and (3) - Subsequent application - Conditions for rejecting such an application as inadmissible - Concept of ‘new elements or findings’ - Judgment of the Court on a question of interpretation of EU law - Article 46 - Right to an effective remedy - Jurisdiction of the national court or tribunal to rule on such an application on the merits in the event of illegality of the decision rejecting an application as inadmissible - Procedural safeguards - Article 14(2))
(C/2024/2274)
Language of the case: German

Referring court

Verwaltungsgericht Sigmaringen

Parties to the main proceedings


Applicant: A.A.

Defendant: Bundesrepublik Deutschland

Operative part of the judgment







1.


Article 33(2)(d) and Article 40(2) and (3) 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 meaning that any judgment of the Court of Justice of the European Union, including a judgment which is limited to interpreting a provision of EU law already in force at the time that a decision on a previous application was adopted, constitutes a new element, within the meaning of those provisions, irrespective of the date on which it was delivered, if it significantly adds to the likelihood of the applicant qualifying as a beneficiary of international protection.










2.


Article 46(1)(a)(ii) of Directive 2013/32
must be interpreted as allowing — but not requiring — Member States to authorise their courts or tribunals, where those courts or tribunals annul a decision rejecting a subsequent application as inadmissible, to rule themselves on that application, without having to refer the examination of that application back to the determining authority, provided that those courts comply with the safeguards provided for by the provisions of Chapter II of that directive.






(1)  
            OJ C 244, 27.6.2022.


ELI: http://data.europa.eu/eli/C/2024/2274/oj
ISSN 1977-091X (electronic edition)