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Judgment of the Court (Third Chamber) of 2 April 2020 — European Commission v Republic of Poland, Commission v Hungary, Commission v Czech Republic

(Joined Cases C-715/17, C-718/17 and C-719/17) 1

(Failure of a Member State to fulfil obligations — Decisions (EU) 2015/1523 and (EU) 2015/1601 — Article 5(2) and 5(4) to 5(11) of each of those decisions — Provisional measures in the area of international protection for the benefit of Italy and of Greece — Emergency situation characterised by a sudden influx of third-country nationals into certain Member States — Relocation of those nationals to other Member States — Relocation procedure — Obligation on the Member States to indicate at regular intervals, and at least every three months, the number of applicants for international protection who can be relocated swiftly to their territory — Consequent obligations leading to actual relocation — Interests of the Member States linked to national security and public order — Possibility for a Member State to rely on Article 72 TFEU in order not to apply EU legal acts of a binding nature)

Languages of the cases: Czech, Hungarian and Polish

Parties

(Case C-715/17)

Applicant: European Commission (represented by: Z. Malůšková, A. Stobiecka-Kuik, G. Wils and A. Tokár, acting as Agents)

Defendant: Republic of Poland (represented by: E. Borawska-Kędzierska and B. Majczyna, acting as Agents)

Interveners in support of the Republic of Poland: Czech Republic (represented by: M. Smolek, J. Vláčil, J. Pavliš and A. Brabcová, acting as Agents), Hungary (represented by: M.Z. Fehér, acting as Agent)

(Case C-718/17)

Applicant: European Commission (represented by: Z. Malůšková, A. Stobiecka-Kuik, G. Wils and A. Tokár, acting as Agents)

Defendant: Hungary (represented by: M.Z. Fehér and G. Koós, acting as Agents)

Interveners in support of Hungart: Czech Republic (represented by: M. Smolek, J. Vláčil, J. Pavliš and A. Brabcová, acting as Agents), Republic of Poland (represented by: E. Borawska-Kędzierska and B. Majczyna, acting as Agents)

(Case C-719/17)

Applicant: European Commission (represented by: Z. Malůšková, A. Stobiecka-Kuik, G. Wils and A. Tokár, acting as Agents)

Defendant: Czech Republic (represented by: M. Smolek, J. Vláčil, J. Pavliš and A. Brabcová, acting as Agents)

Interveners in support of the Czech Republic: Hungary (represented by: M.Z. Fehér, acting as Agent), Republic of Poland (represented by: E. Borawska-Kędzierska and B. Majczyna, acting as Agents)

Operative part of the judgment

The Court:

Declares that Cases C-715/17, C-718/17 and C-719/17 are joined for the purposes of the judgment;

Declares that, by failing to indicate at regular intervals, and at least every three months, an appropriate number of applicants for international protection who can be relocated swiftly to its territory, the Republic of Poland has, since 16 March 2016, failed to fulfil its obligations under Article 5(2) of Council Decision (EU) 2015/1523 of 14 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and of Greece, and Article 5(2) of Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece, and has consequently failed to fulfil its subsequent relocation obligations under Article 5(4) to (11) of each of those two decisions;

Declares that, by failing to indicate at regular intervals, and at least every three months, an appropriate number of applicants for international protection who can be relocated swiftly to its territory, Hungary has, since 25 December 2015, failed to fulfil its obligations under Article 5(2) of Decision 2015/1601 and has consequently failed to fulfil its subsequent relocation obligations under Article 5(4) to (11) of that decision;

Declares that, by failing to indicate at regular intervals, and at least every three months, an appropriate number of applicants for international protection who can be relocated swiftly to its territory, the Czech Republic has, since 13 August 2016, failed to fulfil its obligations under Article 5(2) of Decision 2015/1523 and Article 5(2) of Decision 2015/1601, and has consequently failed to fulfil its subsequent relocation obligations under Article 5(4) to (11) of each of those two decisions;

Orders the Republic of Poland, in addition to bearing its own costs in Cases C-715/17, C-718/17 and C-719/17, to pay those of the Commission in Case C-715/17;

Orders Hungary, in addition to bearing its own costs in Cases C-715/17, C-718/17 and C-719/17, to pay those of the Commission in Case C-718/17;

Orders the Czech Republic, in addition to bearing its own costs in Cases C-715/17, C-718/17 and C-719/17, to pay those of the Commission in Case C-719/17.

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1 OJ C 112, 26.3.2018.