Official Journal of the European Union

C 223/10

(Case C-239/14)

2014/C 223/14

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Abdoulaye Amadou Tall

Defendant: Centre public d’action sociale de Huy (CPAS de Huy)

Question referred

According to Article 39/1 of the Law of 15 December 1980 on entry to Belgian territory, residence, establishment and expulsion of foreign nationals read in conjunction with Articles 39/2(l), 3rd subparagraph, Article 39/76, Article 39/82(4), 2nd subparagraph (d) and 57/6/2 of the same law, only appeals seeking annulment and suspension due to extreme urgency may be brought against a decision refusing to consider a multiple asylum claim. Given that in such an appeal the court does not have full jurisdiction to determine issues of fact and law, the appeal does not have suspensory effect and that the applicant does not have the right of residence nor to material assistance while it is under consideration, are such appeals compatible with the requirements of Article 47 of the Charter of Fundamental Rights of the European Union and Article 39 of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status which lay down the right to an effective remedy?

Language of the case: French

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(1) OJ 2005 L 326, p. 13.