Case summaries
Germany- Higher Administrative Court of Saxony, 5. October 2015, 5 B 259/15.A
Country of applicant:
Libya
Keywords:
Burden of proof, Right to remain pending a decision (Suspensive effect), Responsibility for examining application, Dublin Transfer, Request to take back
Where the transfer does not take place within the six months’ time limit, the Member State responsible shall be relieved of its obligations to take charge or to take back the person concerned and responsibility shall then be transferred to the requesting Member State Art. 29 (2) of the Dublin III Regulation.
Date of decision:
05-10-2015
Relevant International and European Legislation:
European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 47,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 19,Article 20,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 3,Article 7,Article 12,Article 27,Article 29,Article 34,Article 42,Article 49