Judgment of the Court (Grand Chamber) of 6 November 2012 (reference for a preliminary ruling from the Asylgerichtshof (Austria)) - K v Bundesasylamt

(Case C-245/11) 

(Regulation (EC) No 343/2003 - Determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national - Humanitarian clause - Article 15 of that regulation - Person who enjoys asylum in a Member State and is dependent on the assistance of an asylum seeker because she suffers from a serious illness - Article 15(2) of the regulation - Obligation on that Member State, which is not responsible according to the criteria laid down in Chapter III of that regulation, to examine the application for asylum made by that asylum seeker - Conditions)

Language of the case: German

Referring court

Asylgerichtshof

Parties to the main proceedings

Applicant: K

Defendant: Bundesasylamt

Re:

Reference for a preliminary ruling - Asylgerichtshof - Interpretation of Article 3(2) and Article 15 of Council Regulation (EC) No 343/2003 of 18 February 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 2003 L 50, p. 1) - Responsibility of a Member State to examine, for humanitarian reasons, an application for asylum made to it, even if it is not responsible for that examination in accordance with the criteria set out in Regulation (EC) No 343/2003 - Close relationship between the asylum-seeker and a person who is very vulnerable and who already enjoys the right to asylum in that Member State

Operative part of the judgment

In circumstances such as those in the main proceedings, Article 15(2) of Council Regulation (EC) No 343/2003 of 18 February 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 must be interpreted as meaning that a Member State which is not responsible for examining an application for asylum pursuant to the criteria laid down in Chapter III of that regulation becomes so responsible. It is for the Member State which has become the responsible Member State within the meaning of that regulation to assume the obligations which go along with that responsibility. It must inform in that respect the Member State previously responsible. This interpretation of Article 15(2) also applies where the Member State which was responsible pursuant to the criteria laid down in Chapter III of Regulation No 343/2003 did not make a request in that regard in accordance with the second sentence of Article 15(1) of that regulation.

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¹ - OJ C 269, 10.9.2011.