JUDGMENT
OF
25. 7. 2018 — CASE C-585/16
ALHETO
effective, and from the need, arising from Article 47 of the Charter, to ensure an effective remedy, that
each Member State bound by that directive must order its national law in such a way that, following
annulment of the initial decision and in the event of the file being referred back to the quasi-judicial
or administrative body referred to in Article 2(f) of that directive, a new decision is adopted within a
short period of time and complies with the assessment contained in the judgment annulling the initial
decision.
149
It follows that the answer to the sixth 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 it does not establish
common procedural standards in respect of the power to adopt a new decision concerning an
application for international protection following the annulment, by the court hearing the appeal, of
the initial decision taken on that application. However, the need to ensure that Article 46(3) of that
directive has a practical effect and to ensure an effective remedy in accordance with Article 47 of the
Charter requires that, in the event that the file is referred back to the quasi-judicial or administrative
body referred to in Article 2(f) of that directive, a new decision must be adopted within a short period
of time and must comply with the assessment contained in the judgment annulling the initial decision.
Costs
150
Since these proceedings are, for the parties to the main proceedings, a step in the action pending
before the national court, the decision on costs is a matter for that court. Costs incurred in
submitting observations to the Court, other than the costs of those parties, are not recoverable.
On those grounds, the Court (Grand Chamber) hereby rules:
1. Article 12(1)(a) of Directive 2011/95/EU of 13 December 2011 on standards for the
qualification of third-country nationals or stateless persons as beneficiaries of international
protection, for a uniform status for refugees or for persons eligible for subsidiary protection,
and for the content of the protection granted, read in conjunction with Article 10(2) of
Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on
common procedures for granting and withdrawing international protection must be
interpreted as meaning that the processing of an application for international protection
lodged by a person registered with the United Nations Relief and Works Agency for
Palestine Refugees (UNRWA) requires an examination of the question whether that person
receives effective protection or assistance from that agency, provided that that application
has not been previously rejected on the basis of a ground of inadmissibility or on the basis of
a ground for exclusion other than that laid down in the first sentence of Article 12(1)(a) of
Directive 2011/95.
2. The second sentence of Article 12(1)(a) of Council Directive 2004/83/EC of 29 April 2004 on
minimum standards for the qualification and status of third country nationals or stateless
persons as refugees or as persons who otherwise need international protection and the
content of the protection granted and the second sentence of Article 12(1)(a) of Directive
2011/95 must be interpreted as:
– precluding national legislation which does not lay down or which incorrectly transposes
the ground for no longer applying the ground for exclusion from being a refugee
contained therein;
– having direct effect; and
– being applicable even if the applicant for international protection has not expressly
referred to them.
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ECLI:EU:C:2018:584