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Case C-823/21: Judgment of the Court (Fourth Chamber) of 22 June 2023 — European Commission v Hungary (Failure of a Member State to fulfil obligations — Area of freedom, security and justice — Policies on border checks, asylum and immigration — Procedures for granting international protection — Directive 2013/32/EU — Article 6 — Effective access — The making of an application — National legislation laying down prior administrative steps to be carried out outside the territory of the Member State — Public health objective)
ECLI:EU:UNKNOWN:62021CA0823
62021CA0823
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7.8.2023
Official Journal of the European Union
C 278/7
(Case C-823/21) (<span class="oj-super oj-note-tag">1</span>)
(Failure of a Member State to fulfil obligations - Area of freedom, security and justice - Policies on border checks, asylum and immigration - Procedures for granting international protection - Directive 2013/32/EU - Article 6 - Effective access - The making of an application - National legislation laying down prior administrative steps to be carried out outside the territory of the Member State - Public health objective)
(2023/C 278/10)
Language of the case: Hungarian
Parties
Applicant: European Commission (represented by: A. Azéma, L. Grønfeldt, A. Tokár and J. Tomkin, acting as Agents)
Defendant: Hungary (represented by: M. Z. Fehér and M. M. Tátrai, acting as Agents.)
Operative part of the judgment
The Court:
1.Declares that by making the possibility, for certain third-country nationals or stateless persons present in the territory of Hungary or at the borders of that Member State, of making an application for international protection subject to the prior lodging of a declaration of intent at a Hungarian embassy located in a third country and to the granting of a travel document enabling them to enter Hungarian territory, Hungary has failed to fulfil its obligations under Article 6 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;
2.Orders Hungary to bear its own costs and to pay those incurred by the European Commission
(<span class="oj-super">1</span>) OJ C 128, 21.3.2022.
Language of the case: Hungarian.