Case C-621/24, Landkreis Schweinfurt: Request for a preliminary ruling from the Bundessozialgericht (Germany) lodged on 24 September 2024 – Landkreis Schweinfurt v FB
Date: 2024-09-24
Institutions: Court of Justice
Subjects: EU Member State, EU migration policy, asylum seeker, foreign national, health care, international protection, removal, right of asylum, standard of living








C_202500142EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/142


13.1.2025






Request for a preliminary ruling from the Bundessozialgericht (Germany) lodged on 24 September 2024 – Landkreis Schweinfurt v FB


(Case C-621/24, Landkreis Schweinfurt)

(C/2025/142)
Language of the case: German

Referring court

Bundessozialgericht

Parties to the main proceedings


Appellant on a point of law: Landkreis Schweinfurt

Respondent on a point of law: FB

Questions referred







1.


Does a regulation of a Member State that only grants applicants for international protection, depending on their status as persons obliged to leave the country within the time limit for transfers under Regulation (EU) No 604/2013, (1) a right to accommodation, food, personal care and health and treatment in the event of illness, and, depending on the circumstances of the individual case, clothing, household goods and consumables, meet the minimum level described in Article 17(2) and (5) of Directive 2013/33/EU? (2)

If question 1 is answered in the negative:










2.








(a)


Is Article 20(1), clause 1(c) of Directive 2013/33/EU in conjunction with Article 2(q) 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 (3) (OJ L 180, 29.6.2013, p. 60) to be interpreted as meaning that a subsequent application also covers cases in which the applicant has already previously lodged an application for international protection in another Member State and, on that basis, the Bundesamt für Migration und Flüchtlinge (Federal Office for Migration and Refugees) has rejected the application as inadmissible under Regulation (EU) No 604/2013 and ordered the applicant’s removal?










(b)


Is the question of whether there is a subsequent application within the meaning of Article 2(q) of Directive 2013/32/EU in this situation dependent on the time of a withdrawal or the time of a decision of the other Member State under Article 27 or Article 28 of Directive 2013/32/EU?










(c)


Is Article 20(1), clause 1(c) in conjunction with Article 20(5) and (6) of Directive 2013/33/EU in conjunction with the Charter of Fundamental Rights to be interpreted as meaning that it is permissible to restrict the benefits provided as part of the admission procedure to benefits covering food and accommodation, including heating, as well as personal care and health and benefits in the event of illness and, depending on the individual case, clothing, household goods and consumables?










(1)  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 (OJ 2013 L 180, p. 31).

(2)  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 (OJ 2013 L 180, p. 96).

(3)  
            OJ 2013 L 180, p. 60.


ELI: http://data.europa.eu/eli/C/2025/142/oj
ISSN 1977-091X (electronic edition)