Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 9 November 2023 – State Secretary for Justice and Security v X
(Case C-662/23, Izmir 1 )
Language of the case: Dutch
Referring court
Raad van State
Parties to the main proceedings
Applicant: State Secretary for Justice and Security
Defendant: X
Questions referred
(a) Can the determining authority make use of its power to extend the 6-month decision period, in the event of a large number of applications for international protection being lodged at the same time, within the meaning of point (b) of the third subparagraph of Article 31(3) of the Procedures Directive 1 if the increase in the large number of applications for international protection occurs gradually over a certain period of time and, as a result, it is very difficult in practice to conclude the procedure within the 6-month time limit? How should ‘simultaneously’ be interpreted in this context?
(b) What criteria should be used to assess whether there is a ‘large number’ of applications for international protection, as referred to in point (b) of the third subparagraph of Article 31(3) of the Procedures Directive?
Is there a time limit on the period during which there must be an increase in the number of applications for international protection in order still to fall within the scope of point (b) of the third subparagraph of Article 31(3) of the Procedures Directive? And, if so, how long might this period last?
When assessing whether it is very difficult in practice to conclude the procedure within the 6-month time limit referred to in point (b) of the third subparagraph of Article 31(3) of the Procedures Directive – partly in the light of Article 4(1) of the Procedures Directive – may account be taken of circumstances that cannot be traced back to the increase in the number of applications for international protection, such as the circumstance that the determining authority has to deal with backlogs that already existed before the increase in the number of applications for international protection or with a lack of staff capacity?
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1 The name of the present case is a fictitious name. It 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).