X v Staatssecretaris van Veiligheid en Justitie

European Union – Immigration. Article 23(3) of Regulation (EU) No 604/2013 should be interpreted as meaning that the member state in which a new application for international protection had been lodged was responsible for examining that application when no take back request has been made by that member state within the periods laid down in art 23(2) of that regulation, even though another member state had been responsible for examining applications for international protection lodged previously and the appeal brought against the rejection of one of those applications had been pending before a court of that other member state when those periods had expired. The Court of Justice of the European Union so held, among other things, in a preliminary ruling in proceedings concerning the decisions by the respondent ordering that the applicant, X, be transferred to Italy, ordering him to leave the Netherlands immediately, and rejecting the application for a temporary residence permit submitted by X on grounds of asylum.

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