Joined Cases C-123/23 and C-202/23, Khan Yunis and Others: Judgment of the Court (Fifth Chamber) of 19 December 2024 (requests for a preliminary ruling from the Verwaltungsgericht Minden – Germany) – N.A.K., E.A.K., Y.A.K. (C-123/23), M.E.O. (C-202/23) v Bundesrepublik Deutschland (Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Asylum policy – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Application for international protection – Grounds for inadmissibility – Article 2(q) – Concept of subsequent application – Article 33(2)(d) – Rejection of an application for international protection as inadmissible by a Member State due to the rejection of a previous application made in another Member State or the discontinuation of the procedure by another Member State in respect of the previous application)
Date: 2024-12-19
Institutions: Court of Justice
Subjects: EU Member State, admissibility, foreign national, international protection, right of asylum, stateless person








C_202501061EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/1061


24.2.2025






Judgment of the Court (Fifth Chamber) of 19 December 2024 (requests for a preliminary ruling from the Verwaltungsgericht Minden – Germany) – N.A.K., E.A.K., Y.A.K. (C-123/23), M.E.O. (C-202/23) v Bundesrepublik Deutschland


(Joined Cases C-123/23 and C-202/23,
                (1)
Khan Yunis and Others)
                (2)

(Reference for a preliminary ruling - Area of freedom, security and justice - Border controls, asylum and immigration - Asylum policy - Directive 2013/32/EU - Common procedures for granting and withdrawing international protection - Application for international protection - Grounds for inadmissibility - Article 2(q) - Concept of ‘subsequent application’ - Article 33(2)(d) - Rejection of an application for international protection as inadmissible by a Member State due to the rejection of a previous application made in another Member State or the discontinuation of the procedure by another Member State in respect of the previous application)
(C/2025/1061)
Language of the case: German

Referring court

Verwaltungsgericht Minden

Parties to the main proceedings


Applicants: N.A.K., E.A.K., Y.A.K. (C 123/23), M.E.O. (C 202/23)

Defendant: Bundesrepublik Deutschland

Operative part of the judgment







1.


Article 33(2)(d) 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, read in conjunction with Article 2(q) thereof,
must be interpreted as not precluding legislation of a Member State which provides for the possibility of rejecting as inadmissible an application for international protection, within the meaning of Article 2(b) of that directive, made to that Member State by a third-country national or a stateless person whose previous application for international protection, made to another Member State to which Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted applies, has been rejected by a final decision taken in that Member State.










2.


Article 33(2)(d) of Directive 2013/32, read in conjunction with Article 2(q) thereof,
must be interpreted as precluding legislation of a Member State which provides for the possibility of rejecting as inadmissible an application for international protection, within the meaning of Article 2(b) of that directive, made to that Member State by a third-country national or by a stateless person who has already made an application for international protection with another Member State, where the further application was made before the competent authority of the second Member State had, in accordance with Article 28(1) of that directive, taken the decision to discontinue the examination of the previous application on account of its implicit withdrawal.






(1)  
            OJ C 261, 24.7.2023.

(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/2025/1061/oj
ISSN 1977-091X (electronic edition)