Request for a preliminary ruling from the Rechtbank Noord-Holland (Netherlands) lodged on 7 November 2023 – B v Staatssecretaris van Justitie en Veiligheid

(Case C-656/23, Karaman) ¹

Language of the case: Dutch

Referring court

Rechtbank Noord-Holland

Parties to the main proceedings

Applicant: B

Defendant: Staatssecretaris van Justitie en Veiligheid

Questions referred

Is Article 6 of Directive 2013/32/EU ¹ (Procedures Directive) relevant for the purpose of answering the question as to the effective date on which a residence permit is to be deemed to have been granted?

If so, must Article 6 of the Procedures Directive be interpreted as meaning that the effective date of the residence permit is determined by the date on which the application for international protection:

is made (first subparagraph of Article 6(1) of the Procedures Directive); or

is registered (first subparagraph of Article 6(1) and Article 6(5) of the Procedures Directive); or

is (formally) lodged (Article 6(2), (3) and (4) of the Procedures Directive)?

If the effective date of the residence permit is not determined by the date on which the application is made, how can this be reconciled with Article 13 of the Qualification Directive, ¹ read in conjunction with recital 21 thereof, having regard to the declaratory nature of refugee status therein?

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¹ This is a fictitious name that does not correspond to the real name of any party to the proceedings.

¹ 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 (OJ 2013 L 180, p. 60).

¹ 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 (recast) (OJ 2011 L 337, p. 9).