European Union – Freedom of movement. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 39 of Council Directive (EC) 2005/85, read in the light of arts 19(2) and 47 of the Charter of Fundamental Rights of the European Union, should be interpreted as not precluding national legislation which did not confer suspensory effect on an appeal brought against a decision, such as the one at issue in the main proceedings, not to further examine a subsequent application for asylum.