CELEX: 62017CB0540
Language: en
Date: 2019-11-13 00:00:00
Title: Joined Cases C-540/17 and C-541/17: Order of the Court (Tenth Chamber) of 13 November 2019 (requests for a preliminary ruling from the Bundesverwaltungsgericht, Germany) — Bundesrepublik Deutschland v Adel Hamed (C-540/17), Amar Omar (C-541/17) (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Area of freedom, security and justice — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 33(2)(a) — Rejection by the authorities of a Member State of an application for asylum as being inadmissible because of the prior granting of refugee status in another Member State — Article 4 of the Charter of Fundamental Rights of the European Union — Substantial risk of suffering inhuman or degrading treatment — Living conditions of those granted refugee status in that other Member State)

10.2.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/9
            
         
      Order of the Court (Tenth Chamber) of 13 November 2019 (requests for a preliminary ruling from the Bundesverwaltungsgericht, Germany) — Bundesrepublik Deutschland v Adel Hamed (C-540/17), Amar Omar (C-541/17)
      (Joined Cases C-540/17 and C-541/17) (1)
      
      (Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Area of freedom, security and justice - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Article 33(2)(a) - Rejection by the authorities of a Member State of an application for asylum as being inadmissible because of the prior granting of refugee status in another Member State - Article 4 of the Charter of Fundamental Rights of the European Union - Substantial risk of suffering inhuman or degrading treatment - Living conditions of those granted refugee status in that other Member State)
      (2020/C 45/04)
      Language of the case: German
      
         Referring court
      
      Bundesverwaltungsgericht
      
         Parties to the main proceedings
      
      
         Applicant: Bundesrepublik Deutschland
      
         Defendant: Adel Hamed (C-540/17), Amar Omar (C-541/17)
      
         Operative part of the order
      
      Article 33(2)(a) 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 must be interpreted as precluding a Member State from exercising the option under that provision to reject an application for international protection as being inadmissible on the ground that the applicant has already been granted refugee status by another Member State where the living conditions which the applicant could be expected to encounter as a refugee in that other Member State would expose him or her to a serious risk of suffering inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union.
      
         (1)  OJ C 402, 27.11.2017.