Language of document :

Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 29 September 2020 – XXXX v Commissaire général aux réfugiés et aux apatrides

(Case C-483/20)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Appellant: XXXX

Respondent: Commissaire général aux réfugiés et aux apatrides

Question referred

Does EU law, essentially Articles 18 and 24 of the Charter of Fundamental Rights of the European Union, Articles 2, 20, 23 and 31 of Directive 2011/95/EU of the European Parliament and of the Council 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, 1 and Article 25(6) 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, 2 preclude a Member State, when applying the powers conferred by Article 33(2)(a) of Directive 2013/32/EU, from rejecting an application for international protection as inadmissible because of protection already granted by another Member State, where the applicant is the father of an unaccompanied child who has been granted protection in the first Member State, he is the sole parent of the nuclear family present by the child’s side, he lives with the child and has been conferred parental responsibility for the child by that Member State? Do the principle of family unity and that requiring compliance with the best interests of the child not require, on the contrary, protection to be granted to that parent by the State where his child has been granted protection?

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1 OJ 2011 L 337, p. 9.

2 OJ 2013 L 180, p. 60.