CJEU: Preliminary reference from Lille Administrative Tribunal (France)

Thursday, December 15, 2016

The Lille Administrative Tribunal has referred the following question to the CJEU in case C-647/16 Hassan under the expedited procedure provided for in Article 105 of the Rules of Procedure:

Does Article 26 of the Dublin III Regulation prevent the competent authorities in a Member State, who have requested another Member State to take responsibility under a take back or take charge request of an applicant who has applied for international protection (which has not yet been ruled definitely upon) or any other person caught by Article 18(1)(c) or (d), from taking a transfer decision and notifying the applicant before the requested State has accepted the take back or take charge request?

EDAL and the ELENA Weekly Legal Update would like to thank Flor Tercero for bringing this to our attention.

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Dublin Transfer
Request that charge be taken
Request to take back