Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2024-06/cp240102en.pdf

Languages avaiable: bg es cs da de et el en fr hr ga it lv lt hu mt nl pl pt ro sk sl fi sv

PRESS RELEASE No 102/24

Luxembourg, 18 June 2024

Judgment of the Court in Case C-753/22 | Bundesrepublik Deutschland (Effect of a decision granting refugee status)

Refugee status: a Member State is not required automatically to recognise refugee status granted in another Member State

Where a Member State cannot reject as inadmissible an application for international protection of an applicant to whom another Member State has already granted such protection, on account of a serious risk to that applicant of being subjected, in the other Member State, to inhuman or degrading treatment, it must carry out a new individual examination. It must nevertheless take full account of the decision of the other Member State and of the elements on which that decision is based.

A Syrian national who obtained refugee status in Greece subsequently applied for international protection in Germany. A German court held that, because of the living conditions of refugees in Greece, she faced a serious risk of being subjected to inhuman or degrading treatment, with the result that she could not return to Greece. The competent German authority rejected her application for refugee status but granted her subsidiary protection. She then brought an action against the refusal to grant refugee status before the German courts. (...)