CELEX: 62015CA0429
Language: en
Date: 2016-10-20 00:00:00
Title: Case C-429/15: Judgment of the Court (Third Chamber) of 20 October 2016 (request for a preliminary ruling from the Court of Appeal — Ireland) — Evelyn Danqua v Minister for Justice and Equality, Ireland, Attorney General (Reference for a preliminary ruling — Directive 2004/83/EC — Minimum standards for granting refugee status or subsidiary protection status — National procedural rule laying down, for the submission of an application for subsidiary protection, a period of 15 working days from notification of the rejection of the application for asylum — Procedural autonomy of the Member States — Principle of equivalence — Principle of effectiveness — Proper conduct of the procedure for examining the application for subsidiary protection — Proper conduct of the return procedure — Not compatible)

19.12.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 475/7
            
         Judgment of the Court (Third Chamber) of 20 October 2016 (request for a preliminary ruling from the Court of Appeal — Ireland) — Evelyn Danqua v Minister for Justice and Equality, Ireland, Attorney General
   (Case C-429/15) (1)
   
   ((Reference for a preliminary ruling - Directive 2004/83/EC - Minimum standards for granting refugee status or subsidiary protection status - National procedural rule laying down, for the submission of an application for subsidiary protection, a period of 15 working days from notification of the rejection of the application for asylum - Procedural autonomy of the Member States - Principle of equivalence - Principle of effectiveness - Proper conduct of the procedure for examining the application for subsidiary protection - Proper conduct of the return procedure - Not compatible))
   (2016/C 475/09)
   Language of the case: English
   
      Referring court
   
   Court of Appeal
   
      Parties to the main proceedings
   
   
      Appellant: Evelyn Danqua
   
      Respondents: Minister for Justice and Equality, Ireland, Attorney General
   
      Operative part of the judgment
   
   The principle of effectiveness must be interpreted as precluding a national procedural rule, such as that at issue in the main proceedings, which requires an application for subsidiary protection status to be made within a period of 15 working days of notification, by the competent authority, that an applicant whose asylum application has been rejected may make an application for subsidiary protection.
   
      (1)  OJ C 320, 28.9.2015.