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Joined Cases C-245/21 and C-248/21: Judgment of the Court (First Chamber) of 22 September 2022 (requests for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Federal Republic of Germany represented by the Bundesministerium des Innern, für Bau und Heimat v MA (C-245/21), PB (C-245/21), LE (C-248/21) (Request for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection — Articles 27 and 29 — Transfer of the person concerned to the Member State responsible for the examination of his or her request — Suspension of the transfer due to the COVID-19 pandemic — Impossibility of carrying out the transfer — Judicial protection — Consequences for the time limit for transfer)
ECLI:EU:UNKNOWN:62021CA0245
62021CA0245
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Official Journal of the European Union
C 424/12
(Joined Cases C-245/21 and C-248/21) (*)
(Request for a preliminary ruling - Regulation (EU) No 604/2013 - Determination of the Member State responsible for examining an application for international protection - Articles 27 and 29 - Transfer of the person concerned to the Member State responsible for the examination of his or her request - Suspension of the transfer due to the COVID-19 pandemic - Impossibility of carrying out the transfer - Judicial protection - Consequences for the time limit for transfer)
(2022/C 424/12)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Federal Republic of Germany represented by the Bundesministerium des Innern, für Bau und Heimat (Federal Ministry of the Interior, Building and Community)
Defendants: MA (C-245/21), PB (C-245/21), LE (C-248/21)
Operative part of the judgment
Article 27(4) and Article 29(1) of 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 international protection lodged in one of the Member States by a third-country national or a stateless person
must be interpreted as meaning that:
the time limit for transfer provided for in the latter provision is not interrupted where the competent authorities of a Member State adopt, on the basis of Article 27(4) of that regulation, a revocable decision to suspend the implementation of a transfer decision on the grounds that such implementation is materially impossible due to the COVID-19 pandemic.
(*) Language of the case: German.