Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 7 December 2023 – A.N. v Ministerstvo vnitra
(Case C-753/23, Krasiliva 1 )
Language of the case: Czech
Referring court
Nejvyšší správní soud
Parties to the main proceedings
Appellant: A.N.
Respondent: Ministerstvo vnitra
Questions referred
Does Article 8(1) of Council Directive 2001/55/EC, 1 having regard also to the Member States’ agreement not to apply Article 11 of that directive, preclude national legislation under which an application for a residence permit for the purpose of giving temporary protection is inadmissible if the foreign national has applied for a residence permit in another Member State or has already been granted a permit in another Member State?
Does a person enjoying temporary protection under Council Directive 2001/55/EC have the right to an effective remedy before a tribunal under Article 47 of the Charter of Fundamental Rights of the European Union against the failure of a Member State to grant a residence permit within the meaning of Article 8(1) of Council Directive 2001/55/EC?
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1 The name of the present case is fictitious. It does not correspond to the real name of any of the parties.
1 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof