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Case C-556/21, Staatssecretaris van Justitie en Veiligheid (Suspension of the transfer time limit on appeal): Judgment of the Court (First Chamber) of 30 March 2023 (request for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie en Veiligheid v E.N., S.S., J.Y. (Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection — Article 27 — Appeal against a decision to transfer an asylum seeker — Article 29 — Transfer time limit — Suspension of that time limit on appeal — Interim measure requested by the authorities)
ECLI:EU:UNKNOWN:62021CA0556
62021CA0556
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22.5.2023
Official Journal of the European Union
C 179/3
(Case C-556/21, (<span class="oj-super oj-note-tag">1</span>) Staatssecretaris van Justitie en Veiligheid (Suspension of the transfer time limit on appeal))
(Reference for a preliminary ruling - Regulation (EU) No 604/2013 - Determination of the Member State responsible for examining an application for international protection - Article 27 - Appeal against a decision to transfer an asylum seeker - Article 29 - Transfer time limit - Suspension of that time limit on appeal - Interim measure requested by the authorities)
(2023/C 179/04)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Staatssecretaris van Justitie en Veiligheid
Defendants: E.N., S.S., J.Y.
Operative part of the judgment
Article 29(1) and (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, read in conjunction with Article 27(3) of that regulation,
must be interpreted as not precluding national legislation which allows a national court or tribunal hearing an appeal at second instance against a judgment annulling a transfer decision to adopt, on the application of the competent authorities, an interim measure enabling those authorities to refrain from taking a fresh decision pending the outcome of that appeal and having the object or effect of suspending the running of the transfer time limit until that outcome, provided that such a measure may be adopted only where the implementation of the transfer decision has been suspended pursuant to Article 27(3) or (4) of that regulation during the examination of the appeal at first instance.
(<span class="oj-super">1</span>) OJ C 471, 22.11.2021.
ECLI:EU:C:2023:140