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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 : 26/09/2018
Type : Judgment
ECLI : ECLI:EU:C:2018:776
Case Number/Citation/ Document Symbol : C‑175/17

X (Iraq) vs Belastingdienst/Toeslagen (NL)

Judgment 1.  This request for a preliminary ruling concerns the interpretation of Article 39 of 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) and of Article 13 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98), read in the light of Article 18, Article 19(2) and Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’). 2. The request has been made in proceedings between X and the Belastingdienst/Toeslagen (Tax and Customs Administration/Benefits, Netherlands) concerning the latter’s decision ordering X, a third-country national, to reimburse contributions which he received for rental and healthcare costs. The Court ruled: Article 39 of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status, and Article 13 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, read in the light of Articles 18, 19(2) and 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding national legislation which, whilst making provision for appeals against judgments delivered at first instance upholding a decision rejecting an application for international protection and imposing an obligation to return, does not confer on that remedy automatic suspensory effect even in the case where the person concerned invokes a serious risk of infringement of the principle of non-refoulement.

Effective remedy; Return/Removal/Deportation;

Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals); Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;

EASO Annual Report on the Situation of Asylum in the EU

European Union,EU: Court of Justice of the European Union [CJEU], X (Iraq) vs Belastingdienst/Toeslagen (NL), 26/09/2018, ECLI:EU:C:2018:776
CJEU ruled on the interpretation of article 39 of the Directive 2005/85/EC and article 13 of the Directive 2008/115/EC

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=607