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Case C-348/16: Request for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 22 June 2016 — Sacko Moussa v Commissione Territoriale per il riconoscimento della Protezione internazionale di Milano

ECLI:EU:UNKNOWN:62016CN0348

62016CN0348

June 22, 2016
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19.9.2016

Official Journal of the European Union

C 343/28

(Case C-348/16)

(2016/C 343/40)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Sacko Moussa

Defendant: Commissione Territoriale per il riconoscimento della Protezione internazionale di Milano

Question referred

Must Directive 2013/32/EU (in particular Articles 12, 14, 31 and 46) be interpreted as permitting a procedure, such as the Italian procedure (under Article 19(9) of Legislative Decree No 150 of 2011), whereby a judicial authority seised by an asylum-seeker — whose application has been rejected by the administrative authority responsible for considering applications for asylum after it has conducted a full examination, including an interview — may, in cases where the application for judicial review is manifestly unfounded and the administrative authority’s rejection of the application is thus incontrovertible, dismiss the application for judicial review without preparatory inquiries and without being required to afford the applicant a further opportunity to be heard?

(*) 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 (OJ 2013 L 180, p. 60).

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