Language of document :

Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 4 October 2017 — Staatssecretaris van Veiligheid en Justitie v R.

(Case C-583/17)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicant: Staatssecretaris van Veiligheid en Justitie

Defendant: R.

Questions referred

Must Regulation (EU) No 604/2013 1 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person … be interpreted as meaning that only the Member State in which the application for international protection was first lodged can determine the Member State responsible, with the result that a foreign national has a legal remedy only in that Member State, under Article 27 of the Dublin Regulation, against the incorrect application of one of the criteria for determining responsibility set out in Chapter III of that Regulation, including Article 9?

In answering Question 1, to what extent is it significant that, in the Member State in which the application for international protection was first lodged, a decision on that application had already been made or, alternatively, that the foreign national had withdrawn that application prematurely?

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1 OJ 2013 L 180, p. 31; ‘the Dublin Regulation’.