3.12.2018

Official Journal of the European Union

C 436/23

(Case C-564/18)

(2018/C 436/32)

Language of the case: Hungarian

Referring court

Parties to the main proceedings

Applicant: LH

Defendant: Bevándorlási és Menekültügyi Hivatal

Questions referred

1.May the provisions on inadmissible applications in Article 33 of Directive 2013/32/EU, (1) on common procedures for granting and withdrawing international protection (recast) (‘the Procedures Directive’), be interpreted as not precluding a Member State’s legislation pursuant to which an application is inadmissible in the context of the asylum procedure when the applicant has arrived in that Member State, Hungary, via a country where he is not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection is guaranteed?

2.May Article 47 of the Charter of Fundamental Rights of the European Union and Article 31 of the Procedures Directive — having regard also to the provisions of Articles 6 and 13 of the European Convention on Human Rights — be interpreted as meaning that a Member State’s legislation complies with those provisions when it lays down a mandatory time limit of eight days for the administrative-law proceedings before a court in respect of applications declared inadmissible in asylum procedures?

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 (OJ 2013 L 180, p. 60).