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Case C-797/24, Ministerstvo vnútra Slovenskej republiky: Request for a preliminary ruling from the Správny súd v Bratislave (Slovakia) lodged on 18 November 2024 – A.B.C.D. v Ministerstvo vnútra Slovenskej republiky

ECLI:EU:UNKNOWN:62024CN0797

62024CN0797

November 18, 2024
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Official Journal of the European Union

C series

C/2025/1078

(Case C-797/24, Ministerstvo vnútra Slovenskej republiky)

(C/2025/1078)

Language of the case: Slovak

Referring court

Parties to the main proceedings

Applicant: A.B.C.D.

Defendant: Ministerstvo vnútra Slovenskej republiky

Questions referred

1.Should Article 20(1) and (3) of Directive (EU) 2019/1937 (1) of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, read in the context of Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that the measures of support to which Member States must ensure access, as appropriate, for the persons referred to in Article 4 of the Directive also encompass the right of the competent authority within the meaning of the Directive to be admitted to any judicial proceedings whatsoever regardless of their nature, provided that a person referred to in Article 4 of the Directive is a participant in those proceedings?

2.Should Article 20(1) and (3) of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, read in the context of Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that it is for the national court conducting the proceedings in which the person referred to in Article 4 of the Directive is a participant to assess whether the phrase ‘as appropriate’ applies when a person referred to in Article 4 of the Directive is to have access to support measures or when the competent authority within the meaning of the Directive is to have the right to grant support measures to the persons referred to in Article 4 of the Directive?

3.Should Article 21(1) of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, read in the context of Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that the necessary measures to ensure that the persons referred to in Article 4 are protected against retaliation, which are to be taken by Member States, encompass an obligation for the Member State to ensure that the competent authority within the meaning of the Directive has the opportunity to be admitted to any judicial proceedings whatsoever, regardless of their nature, provided that the person referred to in Article 4 of the Directive is a participant in those judicial proceedings?

(1) OJ 2019 L 305, p. 17.

ELI: http://data.europa.eu/eli/C/2025/1078/oj

ISSN 1977-091X (electronic edition)

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