CELEX: 62010CN0493
Language: en
Date: 2010-10-15 00:00:00
Title: Case C-493/10: Reference for a preliminary ruling from High Court of Ireland made on 15 October 2010 — M. E. and others v Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform

15.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 13/18
            
         Reference for a preliminary ruling from High Court of Ireland made on 15 October 2010 — M. E. and others v Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform
   (Case C-493/10)
   ()
   2011/C 13/32
   Language of the case: English
   
      Referring court
   
   High Court of Ireland
   
      Parties to the main proceedings
   
   
      Applicants: M. E. and others
   
      Defendants: Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform
   
      Questions referred
   
   
               1.
            
            
               Is the transferring Member State under Council Regulation (EC) No. 343/2003 (1) obliged to assess the compliance of the receiving Member State with Article 18 of the Charter of Fundamental Rights and Freedoms of the EU, Council Directives 2003/9EC (2), 2004/83/EC (3) and 2005/85/EC (4) and Council Regulation (EC) No. 343/2003?
            
         
               2.
            
            
               If the answer is yes, and if the receiving Member State is found not to be in compliance with one or more of those provisions, is the transferring Member Sate obliged to accept responsibility for examining the application under Article 3(2) of Council Regulation (EC) No. 343/2003?
            
         
      (1)  Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national
   OJ L 50, p. 1
   
      (2)  Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers
   OJ L 31, p. 18
   
      (3)  Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted
   OJ L 304, p. 2
   
      (4)  Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status
   OJ L 326, p. 13