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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 : 13/11/2019
Type : Judgment
ECLI : ECLI:EU:C:2019:964
Case Number/Citation/ Document Symbol : C‑540/17 and C‑541/17

Federal Republic of Germany (Bundesrepublik Deutschland) vs Adel Hamed and Amar Omar

According to the original judgment

The references for a preliminary ruling concern the interpretation of Article 25, paragraph 2 a) of Directive 2005/85/EC of 1 st December 2005 on minimum standards on procedures the granting and withdrawal of refugee status in the Member States (OJ 2005 L 326, p.13), Article 33 (2) (a) of Directive 2013/32 / EU of the European Parliament and Council Decision of 26 June 2013 on common procedures for the grant and withdrawal of international protection (OJ 2013 L 180, p.60, hereinafter the Procedures Directive), and Article 4 of the Charter of Fundamental Rights of the European Union (hereinafter 'the Charter').

These claims were brought in two disputes between the Bundesrepublik Deutschland (Federal Republic of Germany) and two Sirian nationals, Adel Hamed (Case C-540/17) and on the other hand Mr Amar Omar (Case C-541/17), concerning decisions of the Bundesamt für Migration und Flüchtlinge (Federal Office for Migration and Refugees, Germany) denying them the benefit of the right asylum.

The Court rules:

Article 33 (2) (a) of Directive 2013/32 / EU of the European Parliament and of the Council of 26 June 2013 on common procedures for the grant and withdrawal of international protection must to be interpreted as precluding a Member State from exercising the option offered by that provision to reject an application for international protection as inadmissible on the ground that the applicant has already been granted refugee status Member State, where the foreseeable living conditions which that applicant encounters as a beneficiary of that status in that other Member State would expose him to a serious risk of suffering inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union.

Assessment of Application; Asylum Procedures/Special Procedures; Refugee Protection; Subsidiary Protection; Syria;

European Convention on Human Rights; Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; 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,EU: Court of Justice of the European Union [CJEU], Federal Republic of Germany (Bundesrepublik Deutschland) vs Adel Hamed and Amar Omar, 13/11/2019, ECLI:EU:C:2019:964
CJEU ruled in the interpretation of Article 33(2) of Directive 2013/32/EU related to the determination of inadmissibility of applications.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=876