Case C-753/23, Krasiliva: Judgment of the Court (Tenth Chamber) of 27 February 2025 (request for a preliminary ruling from the Nejvyšší správní soud – Czech Republic) – A.N. v Ministerstvo vnitra (Reference for a preliminary ruling – Area of freedom, security and justice – Temporary protection in the event of a mass influx of displaced persons – Directive 2001/55/EC – Articles 8 and 11 – Implementing Decision (EU) 2022/382 – Successive applications for a residence permit for the purposes of temporary protection in several Member States – Examination of the subsequent application – Right to an effective remedy)
Date: 2025-02-27
Institutions: Court of Justice
Subjects: Ukraine, asylum seeker, forced migration, international protection, residence permit, right of asylum, right to an effective remedy








C_202502168EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/2168


22.4.2025






Judgment of the Court (Tenth Chamber) of 27 February 2025 (request for a preliminary ruling from the Nejvyšší správní soud – Czech Republic) – A.N. v Ministerstvo vnitra


(Case C-753/23,
                (1)
Krasiliva)
                (2)

(Reference for a preliminary ruling - Area of freedom, security and justice - Temporary protection in the event of a mass influx of displaced persons - Directive 2001/55/EC - Articles 8 and 11 - Implementing Decision (EU) 2022/382 - Successive applications for a residence permit for the purposes of temporary protection in several Member States - Examination of the subsequent application - Right to an effective remedy)
(C/2025/2168)
Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings


Applicant at first instance: A.N.

Defendant at first instance: Ministerstvo vnitra

Operative part of the judgment







1.


Article 8(1) of Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof
must be interpreted as precluding national legislation under which the granting of a residence permit is to be refused to a person enjoying temporary protection, referred to in Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection, where that person has already applied for, but has not yet obtained, such a permit in another Member State.










2.


Article 8(1) of Directive 2001/55, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union,
must be interpreted as meaning that a person enjoying temporary protection under that directive has a right to an effective remedy before a tribunal against a decision to reject as inadmissible an application for a residence permit, within the meaning of Article 8 thereof.






(1)  OJ C C/2024/2013.

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


ELI: http://data.europa.eu/eli/C/2025/2168/oj
ISSN 1977-091X (electronic edition)