(Case C-616/19 Reference for a preliminary ruling from the High Court (Ireland) made on 16August 2019 – M.S., M.W., G.S. v Minister for Justice and Equality

Reference for a preliminary ruling from the High Court (Ireland) made on 16August 2019 – M.S., M.W., G.S. v Minister for Justice and Equality

(Case C-616/19)

Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings

Applicants: M.S., M.W., G.S.

Defendant: Minister for Justice and Equality

Questions referred

Does the reference to “the Member State concerned” in art. 25(2)(d) and (e) of directive 2005/85¹ mean (a) a first member state which has granted protection equivalent to asylum to an applicant for international protection or (b) a second member state to which a subsequent application for international protection is made or (c) either of those member states?

Where a third country national has been granted international protection in the form of subsidiary protection in a first member state, and moves to the territory of a second member state, does the making of a further application for international protection in the second member state constitute an abuse of rights such that the second member state is permitted to adopt a measure providing that such a subsequent application is inadmissible?

Is art. 25 of directive 2005/85 to be interpreted so as to preclude a member state which is not bound by directive 2011/95² but is bound by regulation 604/2013³ , from adopting legislation such as that at issue in the present case which deems inadmissible an application for asylum by a third country national who has previously been granted subsidiary protection by another member state?

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¹ Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ 2005, L 326, p. 13).² Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011, L 337, p. 9).³ Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ2013, L 180, p. 31).