Request for a preliminary ruling from the Milan Tribunal (Case C-422/18)

Thursday, June 28, 2018

The Milan Tribunal has referred the following question to the CJEU for a preliminary ruling:

Are the principles of sincere cooperation and of the equivalence and effectiveness of judicial protection, referred to in Articles 4(3) TEU and 19(1) TEU, Article 47, first and second paragraphs, of the Charter of Fundamental Rights of the European Union and Directive 2013/32/EU 1 (in particular, Articles 22 and 46), to be interpreted in the sense that (a) European Union law requires that, where national law provides for a right of appeal in proceedings concerning the rejection of an application for the grant of international protection, such an appeal should automatically have suspensory effect, and that (b) those principles preclude a procedure, such as that under Italian law (Article 35a(13) of Legislative Decree 25/2008, as amended by Legislative Decree 13/17, converted into Law No 46/17), under which the court seized by an asylum applicant ‒ one whose application for asylum has been rejected by the competent administrative authority and by a court of first instance ‒ is permitted to dismiss an application for the suspension of the adverse decision solely on the basis of the validity of the grounds of the appeal brought against that decision, where that decision has been given by the same court as is asked to rule on the suspension thereof, without any consideration of the risk of serious and irreparable harm?

This item was reproduced with the permission of ECRE from the weekly ELENA legal update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.




Real risk
Right to remain pending a decision (Suspensive effect)
Serious harm