Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 12 April 2021 – IA
(Case C-231/21)
Language of the case: German
Referring court
Verwaltungsgerichtshof
Parties to the main proceedings
Appellant on a point of law: IA
Respondent authority: Bundesamt für Fremdenwesen und Asyl
Questions referred
Is imprisonment within the meaning of the second sentence of Article 29(2) of 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 (recast), OJ 2013 L 180, p. 31, also to be understood as including committal – which has been declared admissible by a court – of the person concerned to the psychiatric ward of a hospital against or without his will (in this case on account of endangerment of self or others resulting from his mental illness)?
If the first question is answered in the affirmative:
Can the time limit laid down in the first sentence of Article 29(2) of the above-mentioned regulation in any case be extended to one year – with binding effect for the person concerned – in the event of imprisonment by the requesting Member State?
If not, for what period of time is an extension permissible, for example only for that period of time
aa) that the detention actually lasted, or
bb) that the imprisonment is likely to last in total, in relation to the date of informing the Member State responsible in accordance with Article 9(2) of Commission Regulation (EC) No 1560/2003 2 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 (OJ 2003 L 222, p. 3), as amended by Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 (OJ 2014 L 39, p. 1),
plus, if necessary, a reasonable period for the reorganisation of the transfer?
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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).
2 Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 amending Regulation (EC) No 1560/2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ 2014 L 39, p. 1).