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Case C-283/24, Barouk: Judgment of the Court (Fifth Chamber) of 3 April 2025 (request for a preliminary ruling from the Dioikitiko Dikastirio Diethnous Prostasias – Cyprus) – B. F. v Kypriaki Dimokratia (Reference for a preliminary ruling – Asylum policy – International protection – Directive 2013/32/EU – Article 46(3) – Requirement for a full and ex nunc examination – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Scope of the powers of the court or tribunal of first instance – National legislation that makes no provision for a power to order a medical examination of the applicant for international protection)
ECLI:EU:UNKNOWN:62024CA0283
62024CA0283
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Official Journal of the European Union
C series
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C/2025/3025
10.6.2025
(Case C-283/24,
Barouk)
(Reference for a preliminary ruling - Asylum policy - International protection - Directive 2013/32/EU - Article 46(3) - Requirement for a full and ex nunc examination - Article 47 of the Charter of Fundamental Rights of the European Union - Right to an effective remedy - Scope of the powers of the court or tribunal of first instance - National legislation that makes no provision for a power to order a medical examination of the applicant for international protection)
(C/2025/3025)
Language of the case: Greek
Referring court
Parties to the main proceedings
Applicant: B. F.
Defendant: Kypriaki Dimokratia
Operative part of the judgment
Article 46(3) 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 and Article 4(3) TEU,
must be interpreted as meaning that, in order to satisfy the requirement of a full and ex nunc examination laid down in that Article 46(3), a national court of first instance hearing an action against a decision of the determining authority refusing to grant an application for international protection must have the power to order a medical examination of the applicant for international protection, where it takes the view that the use of that examination is necessary or relevant for the purposes of assessing that application.
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(1) OJ C C/2024/4711.
(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/2025/3025/oj
ISSN 1977-091X (electronic edition)
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