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Case C-231/21: Judgment of the Court (Seventh Chamber) of 31 March 2022 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — IA v Bundesamt für Fremdenwesen und Asyl (Reference for a preliminary ruling — Area of freedom, security and justice — Dublin system — Regulation (EU) No 604/2013 — Article 29(2) — Transfer of the asylum seeker to the Member State responsible for examining the application for international protection — Six-month time limit for transfer — Possibility of extending that time limit up to a maximum of one year in the event of imprisonment — Definition of ‘imprisonment’ — Court-authorised non-voluntary committal of the asylum seeker to a hospital psychiatric department)
ECLI:EU:UNKNOWN:62021CA0231
62021CA0231
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Official Journal of the European Union
C 207/6
(Case C-231/21) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Area of freedom, security and justice - Dublin system - Regulation (EU) No 604/2013 - Article 29(2) - Transfer of the asylum seeker to the Member State responsible for examining the application for international protection - Six-month time limit for transfer - Possibility of extending that time limit up to a maximum of one year in the event of imprisonment - Definition of ‘imprisonment’ - Court-authorised non-voluntary committal of the asylum seeker to a hospital psychiatric department)
(2022/C 207/08)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: IA
Defendant: Bundesamt für Fremdenwesen und Asyl
Operative part of the judgment
The second sentence of Article 29(2) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person must be interpreted as meaning that the concept of ‘imprisonment’ referred to in that provision is not applicable to the non-voluntary committal of an asylum seeker to a hospital psychiatric department, which has been authorised by a judicial decision, on the ground that that person, due to a mental illness, is a serious danger to him- or herself or to society.
(<span class="oj-super">1</span>) OJ C 242, 21.6.2021.
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