Case C-706/25, Comeri: Request for a preliminary ruling from the Corte di Appello di Roma (Italy) lodged on 6 November 2025 – Questura di Roma v SG
Date: 2025-11-06
Institutions: Court of Justice
Subjects: Albania, EU competence, Italy, asylum seeker, international protection, migratory movement, protocol to an agreement, right of asylum, right to health, rights of the defence








C_202600159EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/159


12.1.2026






Request for a preliminary ruling from the Corte di Appello di Roma (Italy) lodged on 6 November 2025 – Questura di Roma v SG


(Case C-706/25, Comeri
                (1)
)

(C/2026/159)
Language of the case: Italian

Referring court

Corte di Appello di Roma

Parties to the main proceedings


Applicant: Questura di Roma

Defendant: SG

Questions referred







1.


Do Article 4(3) TEU, Article 3(2) TFEU and Article 216(1) TFEU – according to which the Union has exclusive competence for the conclusion of an international agreement when its conclusion is provided for in a legislative act of the Union or is necessary to enable the Union to exercise its internal competence, or in so far as its conclusion may affect common rules or alter their scope, with the result that, in accordance with the principle of cooperation in good faith, the power to conclude agreements with third countries, which affect common rules or alter their scope, or which affect an area that is completely governed by [EU] rules and falls under the exclusive competence of the Union, is centralised at Union level – preclude the conclusion by a Member State of an international agreement with a country outside the European Union for the management of migration flows such as the Italy-Albania Protocol?










2.


If the answer to that question is in the negative, does EU law, and in particular:






—


Article 26 of Directive 2013/32 (2) and [Article] 8(1), (2) and (4) and [Article] 9(2) and (3) of Directive 2013/33, (3) read in conjunction with recital 15 thereof, and interpreted in the light of Article 6 of the Charter [of Fundamental Rights of the European Union], as regards detention;










—


Article 46 of Directive 2013/32 and Article 10(4) of Directive 2013/33, interpreted in the light of Article 47 of the Charter, as regards the right of defence and visiting the detainee;










—


Article 17(2) and (3) and Article 19 of Directive 2013/33 as regards the right to health of the applicant for asylum,




preclude third-country nationals, including applicants for asylum, from being transferred to and staying in areas located outside the territory of the European Union pursuant to an international agreement such as the Italy-Albania Protocol.






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

(2)  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 (OJ 2013 L 180, p. 60).

(3)  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).


ELI: http://data.europa.eu/eli/C/2026/159/oj
ISSN 1977-091X (electronic edition)