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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 : 31/05/2018
Type :
ECLI : ECLI:EU:C:2018:368
Case Number/Citation/ Document Symbol : Case C-647/16

Adil Hassan (Iraq) v Prefet du Pas-de-Calais (FR)


CJEU rules on adoption and notification of the transfer decision before the acceptance of the take back request by the requested Member State

According its Press Release, the Court hold that it is clear from the wording, the history and the objective of the Dublin III Regulation that a transfer decision may be adopted and notified to the person concerned only after the requested Member State has, implicitly or explicitly, agreed to take that person back. In particular, the Court notes that a person such as Mr Hassan may be required, before the requested Member State has even responded to the request to take him back, to lodge an appeal against the transfer decision, even though such an appeal can take effect only in a situation where the requested Member State has accepted that request. Furthermore, the scope of the right of the person concerned to an effective remedy is liable to be restricted, since the transfer decision would be based only on the evidence and indicia gathered by the requesting Member State (in the present case, France). Lastly, to permit the adoption and notification of a transfer decision to take place before receipt of the reply from the requested Member State would, in Member States which do not provide for the suspension of such a decision before the requested Member State’s reply, expose the person concerned to the risk of a transfer to that Member State even before that State had given its consent in principle.

Dublin procedure; Second Instance determination;

Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP);


European Union, Court of Justice of the European Union [CJEU], Adil Hassan (Iraq) v Prefet du Pas-de-Calais (FR), Case C-647/16, ECLI:EU:C:2018:368, 31 May 2018. Link redirects to the English summary in the EASO Case Law Database.