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Case C-497/21: Judgment of the Court (Tenth Chamber) of 22 September 2022 (request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht — Germany) — SI and Others v Bundesrepublik Deutschland (Reference for a preliminary ruling — Area of freedom, security and justice — Border controls, asylum and immigration — Asylum policy — Directive 2013/32/EU — Common procedures for granting and withdrawing international protection — Application for international protection — Grounds for inadmissibility — Article 2(q) — Concept of ‘subsequent application’ — Article 33(2)(d) — Rejection by a Member State of an application for international protection as inadmissible on account of the rejection of a previous application made by the person concerned in the Kingdom of Denmark — Final decision taken by the Kingdom of Denmark)
ECLI:EU:UNKNOWN:62021CA0497
62021CA0497
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Official Journal of the European Union
C 424/14
(Case C-497/21) (*)
(Reference for a preliminary ruling - Area of freedom, security and justice - Border controls, asylum and immigration - Asylum policy - Directive 2013/32/EU - Common procedures for granting and withdrawing international protection - Application for international protection - Grounds for inadmissibility - Article 2(q) - Concept of ‘subsequent application’ - Article 33(2)(d) - Rejection by a Member State of an application for international protection as inadmissible on account of the rejection of a previous application made by the person concerned in the Kingdom of Denmark - Final decision taken by the Kingdom of Denmark)
(2022/C 424/15)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: SI, TL, ND, VH, YT, HN
Defendant: Bundesrepublik Deutschland
Operative part of the judgment
Article 33(2)(d) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in conjunction with Article 2(q) thereof and Article 2 of Protocol (No 22) on the position of Denmark annexed to the EU Treaty and to the FEU Treaty,
must be interpreted as precluding legislation of a Member State other than the Kingdom of Denmark which provides for the possibility of rejecting as inadmissible, in whole or in part, an application for international protection within the meaning of Article 2(b) of that directive, which has been made to that Member State by a national of a third country or a stateless person whose previous application for international protection, made to the Kingdom of Denmark, has been rejected by the latter Member State.
(*) Language of the case: German.