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Case C-429/15: Judgment of the Court (Third Chamber) of 20 October 2016 (request for a preliminary ruling from the Court of Appeal — Ireland) — Evelyn Danqua v Minister for Justice and Equality, Ireland, Attorney General (Reference for a preliminary ruling — Directive 2004/83/EC — Minimum standards for granting refugee status or subsidiary protection status — National procedural rule laying down, for the submission of an application for subsidiary protection, a period of 15 working days from notification of the rejection of the application for asylum — Procedural autonomy of the Member States — Principle of equivalence — Principle of effectiveness — Proper conduct of the procedure for examining the application for subsidiary protection — Proper conduct of the return procedure — Not compatible)
ECLI:EU:UNKNOWN:62015CA0429
62015CA0429
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19.12.2016
Official Journal of the European Union
C 475/7
(Case C-429/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Directive 2004/83/EC - Minimum standards for granting refugee status or subsidiary protection status - National procedural rule laying down, for the submission of an application for subsidiary protection, a period of 15 working days from notification of the rejection of the application for asylum - Procedural autonomy of the Member States - Principle of equivalence - Principle of effectiveness - Proper conduct of the procedure for examining the application for subsidiary protection - Proper conduct of the return procedure - Not compatible))
(2016/C 475/09)
Language of the case: English
Referring court
Parties to the main proceedings
Appellant: Evelyn Danqua
Respondents: Minister for Justice and Equality, Ireland, Attorney General
Operative part of the judgment
The principle of effectiveness must be interpreted as precluding a national procedural rule, such as that at issue in the main proceedings, which requires an application for subsidiary protection status to be made within a period of 15 working days of notification, by the competent authority, that an applicant whose asylum application has been rejected may make an application for subsidiary protection.
(<span class="note"> <a id="ntr1-C_2016475EN.01000701-E0001" href="#ntc1-C_2016475EN.01000701-E0001">*1</a> </span>) Language of the case: English.
OJ C 320, 28.9.2015.