CELEX: 62010CN0069
Language: en
Date: 2010-02-05 00:00:00
Title: Case C-69/10: Reference for a preliminary ruling from the Tribunal administratif (Luxembourg) lodged on 5 February 2010 — Brahim Samba Diouf v Ministre du Travail, de l'Emploi et de l'Immigration

17.4.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 100/27
            
         Reference for a preliminary ruling from the Tribunal administratif (Luxembourg) lodged on 5 February 2010 — Brahim Samba Diouf v Ministre du Travail, de l'Emploi et de l'Immigration
   (Case C-69/10)
   2010/C 100/40
   Language of the case: French
   
      Referring court
   
   Tribunal administratif
   
      Parties to the main proceedings
   
   
      Applicant: Brahim Samba Diouf
   
      Defendant: Ministre du Travail, de l'Emploi et de l'Immigration
   
      Questions referred
   
   
               1.
            
            
               Is Article 39 of Directive 2005/85/EC (1) to be interpreted as precluding national rules such as those established in the Grand Duchy of Luxembourg by Article 20(5) of the Amended Law of 5 May 2006 on the right of asylum and complementary forms of protection, pursuant to which an applicant for asylum does not have a right to appeal to a court against the administrative authority’s decision to rule on the merits of the application for international protection under the accelerated procedure?
            
         
               2.
            
            
               If the answer is in the negative, is the general principle of an effective remedy under Community law, prompted by Articles 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, to be interpreted as precluding national rules such as those established in the Grand Duchy of Luxembourg by Article 20(5) of the Amended Law of 5 May 2006 on the right of asylum and complementary forms of protection, pursuant to which an applicant for asylum does not have a right to appeal to a court against the administrative authority’s decision to rule on the merits of the application for international protection under the accelerated procedure?
            
         
      (1)  Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ 2005 L 326, p. 13).