Order of the Court (Tenth Chamber) of 13 November 2019 — Hamed and Omar
(Joined Cases C‑540/17 and C‑541/17)(1)
(Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Area of freedom, security and justice — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 33(2)(a) — Rejection by the authorities of a Member State of an application for asylum as being inadmissible because of the prior granting of refugee status in another Member State — Article 4 of the Charter of Fundamental Rights of the European Union — Substantial risk of suffering inhuman or degrading treatment — Living conditions of those granted refugee status in that other Member State)
Fundamental rights — Prohibition of torture and inhuman or degrading treatment or punishment — Scope — Systemic flaws on completion of the procedure to grant international protection in a Member State, on account of the living conditions of beneficiaries of that protection — Other Member States prohibited from rejecting an application for asylum as being inadmissible because of the prior granting of refugee status in that Member State — Conditions — Assessment of whether those flaws are established — Criteria — Need for there to be a situation of extreme material poverty
(Charter of Fundamental Rights of the European Union, Art. 4; European Parliament and Council Directive 2013/32, Art. 33(2)(a))
(see paras 34-43, operative part)
Operative part
Article 33(2)(a) of 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 must be interpreted as precluding a Member State from exercising the option under that provision to reject an application for international protection as being inadmissible on the ground that the applicant has already been granted refugee status by another Member State where the living conditions which the applicant could be expected to encounter as a refugee in that other Member State would expose him or her to a serious risk of suffering inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union.