JUDGMENT
OF
25. 7. 2018 — CASE C-585/16
ALHETO
(22) It is also in the interests of both Member States and applicants to ensure a correct recognition of
international protection needs already at first instance. To that end, applicants should be
provided at first instance, free of charge, with legal and procedural information, taking into
account their particular circumstances. The provision of such information should, inter alia,
enable the applicants to better understand the procedure, thus helping them to comply with the
relevant obligations. …’
24
Article 1 of Directive 2013/32 provides as follows:
‘The purpose of this Directive is to establish common procedures for granting and withdrawing
international protection pursuant to Directive [2011/95].’
25
Article 2 of Directive 2013/32 provides as follows:
‘For the purposes of this Directive:
…
(f) “determining authority” means any quasi-judicial or administrative body in a Member State
responsible for examining applications for international protection competent to take decisions at
first instance in such cases;
…’
26
According to Article 4(1) of Directive 2013/32:
‘1. Member States shall designate for all procedures a determining authority which will be responsible
for an appropriate examination of applications in accordance with this Directive. Member States shall
ensure that such authority is provided with appropriate means, including sufficient competent
personnel, to carry out its tasks in accordance with this Directive.
…
3. Member States shall ensure that the personnel of the determining authority referred to in
paragraph 1 are properly trained. … Persons interviewing applicants pursuant to this Directive shall
also have acquired general knowledge of problems which could adversely affect the applicants’ ability
to be interviewed, such as indications that the applicant may have been tortured in the past.
…’
27
Article 10(2) of that directive states:
‘When examining applications for international protection, the determining authority shall first
determine whether the applicants qualify as refugees and, if not, determine whether the applicants are
eligible for subsidiary protection.’
28
Under Article 12 of that directive:
‘1. With respect to the procedures provided for in Chapter III, Member States shall ensure that all
applicants enjoy the following guarantees:
(a) they shall be informed, in a language which they understand or are reasonably supposed to
understand of the procedure to be followed and of their rights and obligations during the
procedure and the possible consequences of not complying with their obligations and not
ECLI:EU:C:2018:584
7