11.7.2022

EN

Official Journal of the European Union

C 266/14

(Case C-257/22)

(2022/C 266/17)

Language of the case: Czech

Referring court

Parties to the main proceedings

Applicant: CD

Defendant: Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky

Question referred

Should Article 4(2) and (3) and Article 5 in fine of Directive 2008/115/EC (1) of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals in conjunction with Article 2, Article 4, and Article 19(2) of the Charter of Fundamental Rights of the European Union be interpreted as precluding the application, in assessing whether a return decision under Article 6 of Directive 2008/115/EC leads to a breach of the non-refoulement principle, of the concept of a safe country of origin under Articles 36 and 37 of Directive 2013/32/EU (2) of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, in combination with the narrowed definition of the non-refoulement principle focused solely on the prohibition of ill treatment under Article 4 of the Charter of Fundamental Rights of the European Union and Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms?

Language of the case: Czech.

(1) OJ 2008 L 348, p. 98.

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