(Case C-497/21 Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht (Germany) lodged on 13August 2021– SI and Others v Federal Republic of Germany
Tribunal de Justicia de la Unión Europea

(Case C-497/21 Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht (Germany) lodged on 13August 2021– SI and Others v Federal Republic of Germany

Fecha: 13-Ago-2021

Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht (Germany) lodged on 13August 2021– SI and Others v Federal Republic of Germany

(Case C-497/21)

Language of the case: German

Referring court

Schleswig-Holsteinisches Verwaltungsgericht

Parties to the main proceedings

Applicants: SI, TL, ND, VH, YT, HN

Defendant: Federal Republic of Germany

Questions referred

Is national legislation under which an application for international protection can be rejected as an inadmissible subsequent application compatible with Article33(2)(d) and Article2(q) of Directive 2013/32/EU1 if the unsuccessful initial asylum procedure was conducted in a different EU Member State?

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 Article33(2)(d) and Article2(q) of Directive 2013/32/EU even if the unsuccessful initial asylum procedure was conducted in Denmark?

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 in that respect between refugee status and subsidiary protection status compatible with Article33(2)[(d)] of Directive 2013/32/EU?

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1 Directive 2013/32/EU of the European Parliament and of the Council of 26June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L180, p.60).
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