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L.G. v. Staatssecretaris van Justitie en Veiligheid, Case C-745/21, CGEU, 16 February 2023

Date
16/02/2023
Type Judgment
Case number C-745/21

Abstract

Reference for a preliminary ruling concerning the criteria and modalities for determining the Member State responsible for examining an application for international protection submitted by a third-state national.

Normative references

Regulation (EU) No. 604/2013 (Dublin III Regulation) establishes the criteria and mechanisms for determining which EU country should examine an asylum application. 

Ruling

Article 17 of Regulation No. 604/2013 should be interpreted as meaning that it should not be an obstacle to a member state's legislation requiring the competent national authorities, due to the (only) principle of the best interests of the child, to examine an application for international protection filed by a third-country national where the latter was pregnant at the time of the filing of her application, despite the fact that the criteria in the letter of that regulation designate another member state as responsible for that application.