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On 5 March 2026, the Court of Justice of the European Union (CJEU) delivered its judgment in the Case C-458/24 (Daraa). The case arose from a request for a preliminary ruling by the Administrative Court of Sigmaringen, Germany (Verwaltungsgericht Sigmaringen) concerning the interpretation of the Dublin III Regulation and Directive 2013/32 in a situation where the Member State responsible for examining an asylum application unilaterally suspends transfers.

The Court held that the second and third subparagraphs of Article 3(2) of the Dublin Regulation should be interpreted as meaning that a unilateral suspension by the Member State responsible of take-charge or take-back procedures does not require the determining Member State to continue applying the Charter III criteria, nor to assume responsibility itself. Article 3(2) applies only where two cumulative conditions are met: (i) the existence of systemic flaws in the asylum procedure or reception conditions and (ii) a resulting risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union. A unilateral suspension does not, in itself, satisfy those conditions and cannot be treated as evidence of such flaws. Consequently, no additional or implicit condition relating to the willingness of the responsible Member State may be inferred from that provision.

As regards Article 29(1) and (2) of the Dublin Regulation, the Court held that the six-month time limit for carrying out a transfer continues to apply irrespective of the reasons preventing the transfer. Under Article 29(2), where the transfer is not carried out within that period, responsibility automatically passes to the requesting Member State. That transfer of responsibility is unconditional and does not depend on the conduct of the Member State initially responsible, including situations where the failure to transfer results from that State’s unilateral suspension of cooperation. The Regulation does not provide for suspension or interruption of that time limit, and extensions are limited to the situations expressly provided for in Article 29(2). The Court further clarified that, during the running of the transfer period, the Member State initially designated as responsible remains bound by its obligations under the Regulation, and Member States must cooperate to carry out the transfer. However, a failure by one Member State to comply with its obligations cannot justify non-compliance by another; remedies lie in infringement proceedings under Articles 258 and 259 TFEU.

Finally, the Court interpreted Article 33(1) and (2) of Directive 2013/32 as precluding a Member State from rejecting an application for international protection as inadmissible on the ground that the Member State responsible is unwilling to take charge or take back the applicant. The grounds for inadmissibility listed in Article 33(2) are exhaustive and must be interpreted strictly, and such a situation is not included among them.