JUDGMENT 118 OF 25. 7. 2018 — CASE C-585/16 ALHETO In the light of all the foregoing considerations, the answer to the third question is that Article 46(3) of Directive 2013/32, read in conjunction with Article 47 of the Charter, must be interpreted as meaning that a court or tribunal of a Member State seised at first instance of an appeal against a decision relating to an application for international protection must examine both facts and points of law, such as the applicability of Article 12(1)(a) of Directive 2011/95 to the applicant’s circumstances, which the body that took that decision took into account or could have taken into account, and those which arose after the adoption of that decision. The fourth question 119 By its fourth question, the referring court asks, in essence, whether Article 46(3) of Directive 2013/32, read in conjunction with Articles 18, 19 and 47 of the Charter, must be interpreted as meaning that the requirement for a full and ex nunc examination both of facts and of points of law also covers the grounds of inadmissibility of the application for international protection referred to in Article 33(2) of that directive and, if so, whether, in the event of an examination of such a ground of inadmissibility by the court or tribunal, even though that ground had not been examined by the determining authority, the file must be referred back to that authority for it to conduct the admissibility interview provided for in Article 34 of that directive. 120 As stated in paragraph 115 of the present judgment, the full and ex nunc examination of the appeal may concern the admissibility of an application for international protection, where permitted under national law. In accordance with the purpose of Directive 2013/32 of establishing a system in which, at the very least, the court or tribunal seised at first instance of an appeal against a decision of a determining authority must conduct a full and up-to-date examination, that court or tribunal may, inter alia, find that the applicant benefits from sufficient protection in a third country, with the result that it becomes unnecessary to examine the requirement for protection in the European Union. The application is then, for that reason, ‘inadmissible’. 121 As regards the cumulative conditions to which the application of such a ground of inadmissibility is subject, such as those referred to, as regards the first country of asylum ground, in Article 35 of that directive, or, as regards the safe third country ground, in Article 38 of that directive, that court or tribunal must rigorously examine whether each of those conditions has been satisfied by inviting, where appropriate, the determining authority to produce any documentation or factual evidence which may be relevant. 122 In the present case, it is apparent from the wording of the fourth question and accompanying explanations, that the referring court envisages, as the case may be, the application of the ‘first country of asylum’ concept, defined in Article 35 of Directive 2013/32, or the ‘safe third country’ concept, defined in Article 38 of that directive, to which the second paragraph of Article 35 of that directive refers, or even the concept of ‘safe country of origin’, defined in Article 36(1) of that directive, the latter concept being referred to in point (c) of the fourth question. 123 124 As regards the concept of ‘safe country of origin’, it must be noted that that concept is not included, as such, in the grounds of inadmissibility laid down in Article 33 of Directive 2013/32. Consequently, there is no need to examine it further in the context of the present reference for a preliminary ruling. By contrast, in so far as the referring court envisages the application of the ‘first country of asylum’ or ‘safe third country’ concepts, it must conduct the examination referred to in paragraph 121 of the present judgment and ensure, before ruling on the matter, that the applicant has had the opportunity to set out her views in person on the applicability of the ground of inadmissibility to her particular situation. 22 ECLI:EU:C:2018:584