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Case C-753/22: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 12 December 2022 — QY v Federal Republic of Germany
ECLI:EU:UNKNOWN:62022CN0753
62022CN0753
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EN
Official Journal of the European Union
C 104/14
(Case C-753/22)
(2023/C 104/18)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant and appellant: QY
Defendant and respondent: Federal Republic of Germany
Question referred
In the event that a Member State may not exercise the power conferred by Article 33(2)(a) of Directive 2013/32/EU (1) to reject as inadmissible an application for international protection with a view to the granting of refugee status in another Member State because living conditions in that Member State would expose the applicant to a serious risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter, must the second sentence of Article 3(1) of Regulation (EU) No 604/2013, (2) the second sentence of Article 4(1) and Article 13 of Directive 2011/95/EU (3) as well as Article 10(2) and (3) and Article 33(1) and (2)(a) of Directive 2013/32/EU be interpreted as meaning that the fact that refugee status has already been granted prevents the Member State from carrying out an examination of the application for international protection submitted to it that is unbiased as to the outcome, and obliges the Member State to grant the applicant refugee status without examining the substantive conditions for that protection?
(1) Directive of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) (OJ 2013 L 180, p. 60).
(2) Regulation 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 (recast) (OJ 2013 L 180, p. 31).
(3) Directive of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ 2011 L 337, p. 9).