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CJEU - C‑670/16, Tsegezab Mengesteab v Bundesrepublik Deutschland
Country of applicant: Eritrea

Article 27(1) of the Dublin Regulation is to be interpreted as meaning that an applicant for international protection may rely, in the context of an action brought against a decision to transfer him, on the expiry of a period laid down in Article 21(1) of that regulation, even if the requested Member State is willing to take charge of that applicant.

The two-month period for submitting a take charge request where there has been a Eurodac hit is not cumulative with the general three-month period for take charge requests.

An application for international protection is deemed to have been lodged if a written document, prepared by a public authority and certifying that a third-country national has requested international protection, has reached the authority responsible for implementing the obligations arising from that regulation, and as the case may be, if only the main information contained in such a document, but not that document or a copy thereof, has reached that authority.

Date of decision: 26-07-2017
Relevant International and European Legislation: European Union Law,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 6,Article 31,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 4,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Recital (4),Recital (5),Recital (9),Recital (19),Article 3,Article 4,Article 6,Article 13,Article 17,Article 18,Article 20,Article 21,Article 22,Article 27,Article 28,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 6,Article 14,Article 17