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European Union
Country of Decision : European Union
Court Name : EU: Court of Justice of the European Union [CJEU]
Date of decision : 02/04/2020
Type : Judgment
ECLI : ECLI:EU:C:2020:257
Case Number/Citation/ Document Symbol : Joined Cases C-715/17, C-718/17 and C-719/17

European Commission v Poland, Hungary and the Czech Republic

CJEU rules on failure of Hungary, Czech Republic and Poland to fulfill their obligations under European Union law regarding relocation

According the CJEU Press Release:

In the judgment in Commission v Poland, Hungary and the Czech Republic (Temporary mechanism for the relocation of applicants for international protection) (C-715/17, C-718/17 and C-719/17), delivered on 2 April 2020, the Court upheld the actions for failure to fulfil obligations brought by the Commission against those three Member States seeking a declaration that, by failing to indicate at regular intervals, and at least every three months, an appropriate number of applicants for international protection who could be relocated swiftly to their respective territories and by consequently failing to implement their subsequent relocation obligations, those Member States had failed to fulfil their obligations under European Union law.

First, the Court concluded that there had been an infringement, by the three Member States concerned, of a decision adopted by the Council with a view to the relocation, on a mandatory basis, from Greece and Italy of 120 000 applicants for international protection to the other Member States of the European Union.

Secondly, the Court found that Poland and the Czech Republic had also failed to fulfil their obligations under an earlier decision that the Council had adopted with a view to the relocation, on a voluntary basis, from Greece and Italy of 40 000 applicants for international protection to the other Member States of the European Union. Hungary, for its part, was not bound by the relocation measures provided for under the latter decision.

Relocation;

EU Charter of Fundamental Rights ; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;

EASO IDS

European Union, Court of Justice of the European Union [CJEU], European Commission v Poland, Hungary and the Czech Republic, Joined Cases C-715/17, C-718/17 and C-719/17, ECLI:EU:C:2020:257, 02 April 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1085