Joined Cases C-185/24 and C-189/24, Tudmur: Judgment of the Court (Second Chamber) of 19 December 2024 (requests for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen – Germany) – RL (C-185/24), QS (C-189/24) v Bundesrepublik Deutschland (Reference for a preliminary ruling – Asylum policy – Regulation (EU) No 604/2013 – Article 3(2) – Transfer of the asylum seeker to the Member State responsible for examining the application for international protection – Article 4 of the Charter of Fundamental Rights of the European Union – Risk of inhuman or degrading treatment – Evidence and standard of proof of the real risk of inhuman or degrading treatment, resulting from systemic flaws in the asylum procedure and in the reception conditions for applicants in the Member State responsible – Suspension, by the Member State responsible, of the taking charge of and taking back of asylum seekers)
Date: 2024-12-19
Institutions: Court of Justice
Subjects: EU Member State, EU migration policy, asylum seeker, cruel and degrading treatment, international protection, resettlement of persons, right of asylum








C_202501210EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/1210


3.3.2025






Judgment of the Court (Second Chamber) of 19 December 2024 (requests for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen – Germany) – RL (C-185/24), QS (C-189/24) v Bundesrepublik Deutschland


(Joined Cases C-185/24 and C-189/24,
                (1)
Tudmur)
                (2)

(Reference for a preliminary ruling - Asylum policy - Regulation (EU) No 604/2013 - Article 3(2) - Transfer of the asylum seeker to the Member State responsible for examining the application for international protection - Article 4 of the Charter of Fundamental Rights of the European Union - Risk of inhuman or degrading treatment - Evidence and standard of proof of the real risk of inhuman or degrading treatment, resulting from systemic flaws in the asylum procedure and in the reception conditions for applicants in the Member State responsible - Suspension, by the Member State responsible, of the taking charge of and taking back of asylum seekers)
(C/2025/1210)
Language of the case: German

Referring court

Oberverwaltungsgericht für das Land Nordrhein-Westfalen

Parties to the main proceedings


Applicants: RL (C-185/24), QS (C-189/24)

Defendant: Bundesrepublik Deutschland

Operative part of the judgment

The second subparagraph of Article 3(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
must be interpreted as meaning that it may not be found that there are, in the Member State designated as responsible under the criteria set out in Chapter III of that regulation, systemic flaws in the asylum procedure and in the reception conditions for applicants for international protection, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, on the sole ground that that Member State has unilaterally suspended the taking charge of and taking back of those applicants.
Such a finding may only be made following an analysis of all the relevant data on the basis of information that is objective, reliable, specific and properly updated.


(1)  OJ C C/2024/3893.

(2)  The name of the present case is a fictitious name. It does not correspond to the real name of any of the parties to the proceedings.


ELI: http://data.europa.eu/eli/C/2025/1210/oj
ISSN 1977-091X (electronic edition)