Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 19 April 2021 –Bundesrepublik Deutschland represented by the Bundesministerium des Innern, für Bau und Heimat v MA, PB

(Case C-245/21)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Appellant in the appeal on a point of law: Bundesrepublik Deutschland

Respondents in the appeal on a point of law: MA, PB

Questions referred

Does suspension by the authorities of the implementation of a transfer decision, which is revocable only on account of the fact that transfers are (temporarily) impossible in fact due to the COVID-19 pandemic, fall within the scope of Article 27(4) of the Dublin III Regulation ¹ during appeal proceedings?

If Question 1 is answered in the affirmative: Does such a suspension decision interrupt the time limit for transfer pursuant to Article 29(1) of the Dublin III Regulation?

If Question 2 is answered in the affirmative: Does this also apply if, prior to the outbreak of the COVID-19 pandemic, a court had dismissed an application by the asylum seeker pursuant to Article 27(3)(c) of the Dublin III Regulation for implementation of the transfer decision to be suspended pending the outcome of the appeal proceedings?

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¹ Regulation (EU) No 604/2013 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 (OJ 2013 L 180, p. 31).