JUDGMENT OF 25. 7. 2018 — CASE C-585/16 ALHETO (6) Does it follow from Article 46(3) of Directive 2013/32, read in conjunction with Article 47 of the Charter, that the right to an effective remedy incorporating the requirement, “where applicable, [for] an examination of the international protection needs pursuant to Directive 2011/95” compels the court or tribunal of first instance, in an appeal against a decision examining the substance of an application for international protection and refusing to grant such protection, to give a judgment: (a) which has the force of res judicata in relation not only to the question of the lawfulness of the refusal but also to the applicant’s need for international protection pursuant to Directive 2011/95, including in cases where, under the national law of the Member State concerned, international protection may be granted only by decision of an administrative authority; (b) on the necessity of granting international protection, by carrying out a proper examination of the application for international protection, irrespective of any breaches of procedural requirements committed by the determining authority when assessing the application?’ Consideration of the questions referred Preliminary observations 67 Since the temporal applicability of the provisions of Directive 2013/32 to which the third to sixth questions relate is not clear and was the subject of debate before the Court, it is necessary to provide clarification in that regard at the outset. 68 It is not in dispute that that directive replaced Directive 2005/85 with effect from 21 July 2015, that is to say after the date on which the application for international protection at issue in the main proceedings was lodged. 69 In that context, it must be noted, first, that the second sentence of the first paragraph of Article 52 of Directive 2013/32 states that applications for international protection lodged before 20 July 2015 are to be governed by the national provisions adopted pursuant to Directive 2005/85. 70 Second, the first sentence of the first paragraph of Article 52 of Directive 2013/32 allows national provisions implementing the rules introduced by that directive to be applied to applications lodged before 20 July 2015. That sentence provides that the Member States are to apply those provisions ‘to applications for international protection lodged … after 20 July 2015 or an earlier date’. 71 It is apparent from the examination of the travaux préparatoires of Directive 2013/32, in particular a comparison of Position (EU) No 7/2013 of the Council at first reading with a view to the adoption of a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection, adopted by the Council on 6 June 2013 (OJ 2013 C 179 E, p. 27), with the Commission Proposal for a Directive of the European Parliament and of the Council on minimum standards on procedures in Member States for granting and withdrawing international protection (COM(2009) 554 final), that the words ‘or an earlier date’ were added during the legislative process. 72 Consequently, notwithstanding the tension between the first and second sentences of the first paragraph of Article 52 of Directive 2013/32, it follows from those preparatory documents that the EU legislature intended to allow the Member States to choose whether to apply their provisions implementing that directive with immediate effect to applications for international protection lodged before 20 July 2015. ECLI:EU:C:2018:584 15