Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 17 January 2020 — E. M. T. v Commissaire général aux réfugiés et aux apatrides

(Case C-20/20)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Appellant: E. M. T.

Respondent: Commissaire général aux réfugiés et aux apatrides

Question referred

Must Article 46 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 …, ¹ by virtue of which applicants must have the right to an effective remedy against decisions taken ‘on their application for international protection’, and Article 47 of the Charter of Fundamental Rights of the European Union, read in conjunction with Articles 20 and 26 of [Directive 2013/32], be interpreted as precluding a rule of national procedure, such as Article 39/57 of the Belgian Law of 15 December 1980 on entry to the territory, residence, establishment and removal of foreign nationals, establishing a time limit of 10 ‘calendar’ days, starting from the notification of the administrative decision, for bringing an action against a decision rejecting a subsequent application for international protection, ‘where the action is brought by a foreign national who, at the time of notification of the decision, is in a specific place referred to in Articles 74/8 and 74/9 [of the same Law] or who is placed at the disposal of the [Belgian] Government’, in particular where the applicant must, following the notification of the administrative decision in question, take the step of finding a new legal adviser and securing free legal assistance in order to initiate proceedings?

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¹ OJ 2013 L 180, p. 60.