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France - Bordeaux Administrative Court of Appeal, 24 May 2012, No. 11BX02777, M.A.
Country of applicant: Russia

Where there has been an incomplete transposition, precise and unconditional provisions of the Asylum Procedures Directive may be directly relied upon by foreigners present on French territory. This is, in particular, the case with the provisions of Article 10(1), which state that asylum seekers should be given timely information concerning the procedure which they must follow, and in a language which that they can be reasonably thought to understand. Under Article 34 of the same Directive, these provisions apply equally in the case of a subsequent application.

Date of decision: 24-05-2012
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 32.3,Art 10.1,Art 34.1