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Case C-750/24, Ortera: Request for a preliminary ruling from the Tribunale ordinario di Bologna (Italy) lodged on 29 October 2024 – AP v Commissione Territoriale per il riconoscimento della Protezione Internazionale di Bologna – Sezione Forlì Cesena – Ministero Interno
ECLI:EU:UNKNOWN:62024CN0750
62024CN0750
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Official Journal of the European Union
C series
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C/2025/382
27.1.2025
(Case C-750/24, Ortera)
(C/2025/382)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: AP
Defendant: Commissione Territoriale per il riconoscimento della Protezione Internazionale di Bologna – Sezione Forlì Cesena – Ministero Interno
Questions referred
1.Under European Union law, and in particular under Articles 36, 37 and 46 of Directive 2013/32/EU and Annex I thereto, should the criterion used to determine the conditions of safety underlying the designation of a third country as a safe country of origin be identified without exception as the absence of systematic, generalised persecution of members of specific social groups and of real risks of serious harm as defined in Annex I to Directive 2013/32/EU and, in particular, does the presence of forms of persecution or exposure to serious harm relating to a single social group that is difficult to identify – such as lgbtiqa+ persons, ethnic or religious minorities, women exposed to gender-based violence or trafficking, etc. – preclude such a designation?
2.Does the principle of the primacy of European law under the settled case-law of the Court of Justice of the European Union require it to be assumed that, in the event of a conflict between the provisions of Directive 2013/32/EU concerning the prerequisites for designating a third country as a safe country of origin and national provisions, there is always an obligation for the national court to disapply the latter and, in particular, does that duty for the court to disapply such a designation remain even where that designation is made under primary legislation, such as an ordinary law?
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The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
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 (recast) (OJ 2013 L 180, p. 60).
ELI: http://data.europa.eu/eli/C/2025/382/oj
ISSN 1977-091X (electronic edition)
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Language of the case: Italian
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