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Case C-610/23, Al Nasiria: Judgment of the Court (First Chamber) of 3 July 2025 (request for a preliminary ruling from the Dioikitiko Protodikeio Thessalonikis – Greece) – FO v Ypourgos Metanastefsis kai Asylou (Reference for a preliminary ruling – Asylum policy – International protection – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 46 – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy – Requirement of full and ex nunc examination of the appeal – Obligation to appear in person before the authority examining the appeal – Presumption that an appeal has been improperly brought – Dismissal of the appeal as manifestly unfounded without examination of the merits – Principle of proportionality)
ECLI:EU:UNKNOWN:62023CA0610
62023CA0610
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Official Journal of the European Union
C series
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C/2025/4553
(Case C-610/23,
(1)
(2)
(Reference for a preliminary ruling - Asylum policy - International protection - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Article 46 - Charter of Fundamental Rights of the European Union - Article 47 - Right to an effective remedy - Requirement of full and ex nunc examination of the appeal - Obligation to appear in person before the authority examining the appeal - Presumption that an appeal has been improperly brought - Dismissal of the appeal as manifestly unfounded without examination of the merits - Principle of proportionality)
(C/2025/4553)
Language of the case: Greek
Referring court
Parties to the main proceedings
Applicant: FO
Defendant: Ypourgos Metanastefsis kai Asylou
Operative part of the judgment
Article 46 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 the light of Article 47 of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding legislation of a Member State which, in the event of failure by an applicant for international protection to comply with a procedural obligation to appear in person before the court or tribunal having jurisdiction to rule on his or her appeal against a decision rejecting his or her application, the sole objective of which is to verify the applicant’s presence on the national territory and not to be heard, establishes a presumption that the appeal has been improperly brought and provides for it to be dismissed as manifestly unfounded.
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(1) OJ C, C/2024/625.
(2) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
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ELI: http://data.europa.eu/eli/C/2025/4553/oj
ISSN 1977-091X (electronic edition)
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