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Case C-753/23, Krasiliva: Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 7 December 2023 — A.N. v Ministerstvo vnitra

ECLI:EU:UNKNOWN:62023CN0753

62023CN0753

December 7, 2023
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Official Journal of the European Union

EN

Series C

C/2024/2013

18.3.2024

(Case C-753/23, Krasiliva (*) )

(C/2024/2013)

Language of the case: Czech

Referring court

Parties to the main proceedings

Applicant: A.N.

Respondent: Ministerstvo vnitra

Questions referred

1.Does Article 8(1) of Council Directive 2001/55/EC, (*) having regard also to the Member States’ agreement not to apply Article 11 of that directive, preclude national legislation under which an application for a residence permit for the purpose of giving temporary protection is inadmissible if the foreign national has applied for a residence permit in another Member State or has already been granted a permit in another Member State?

2.Does a person enjoying temporary protection under Council Directive 2001/55/EC have the right to an effective remedy before a tribunal under Article 47 of the Charter of Fundamental Rights of the European Union against the failure of a Member State to grant a residence permit within the meaning of Article 8(1) of Council Directive 2001/55/EC?

(*) The name of the present case is fictitious. It does not correspond to the real name of any of the parties.

Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof

ELI: http://data.europa.eu/eli/C/2024/2013/oj

ISSN 1977-091X (electronic edition)

* * *

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