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Case C-435/20: Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht (Germany) lodged on 16 September 2020 — C v Bundesrepublik Deutschland
ECLI:EU:UNKNOWN:62020CN0435
62020CN0435
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Valentina R., lawyer
14.12.2020
EN
Official Journal of the European Union
C 433/20
(Case C-435/20)
(2020/C 433/24)
Language of the case: German
Referring court
Parties to the main proceedings
*Applicant: C
Defendant: Bundesrepublik Deutschland
Questions referred
1.Is national legislation under which an application for international protection can be rejected as an inadmissible subsequent application compatible with Article 33(2)(d) and Article 2(q) of Directive 2013/32/EU (1) if the unsuccessful initial asylum procedure was conducted in a different EU Member State?
2.If the answer to Question 1 is in the affirmative: Is national legislation under which an application for international protection can be rejected as an inadmissible subsequent application compatible with Article 33(2)(d) and Article 2(q) of Directive 2013/32/EU also if the unsuccessful initial asylum procedure was not conducted in an EU Member State, but in Switzerland?
3.If the answer to Question 2 is in the negative: Is national legislation under which an application for asylum is inadmissible in the event of a subsequent application and which makes no distinction between refugee status and subsidiary protection status compatible with Article 33(2)[(d)] of Directive 2013/32/EU?
(1) 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).