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Supreme Court of Cassation | Civil jurisprudence detail

by admin

President: M. Acierno

Speaker: G. Iofrida

The Civil First Section, in the context of a judgment challenging the provision with which the Dublin Unit had disposed, pursuant to art. 18.1.b of EU Regulation no. 604 of 2013 (Dublin III Regulation), the transfer of the foreigner to another country, in which the aforementioned had already submitted a previous application for international protection, enunciated the following principle of law:

«When deciding on an appeal against the transfer decision ordered by the Dublin Unit, due to the takeover of the applicant for international protection by another Member State, the information obligations to which the competent administrative authority is required, contained in the articles. 4 and 5 of EU Reg. n. 604 of 2013, according to the compliant interpretation provided by the Court of Justice in the recent sentence no. 228 of 30/11/2023, despite the unity of the procedure, cannot be considered either absorbed or fungible with those arranged according to the application for international protection by art. 10 legislative decree no. 25 of 2008 but must have as a specific object the questions (during the hearing) and the information expressly specified in the articles. 4 (right to information, implying the obligation to previously deliver a brochure contained in Annex to allow the applicant to provide the authority with all the information useful for identifying the Member State responsible for examining his application for international protection. Where these specific obligations are not fulfilled, in light of the hearing carried out and the information resulting from the allegations and productions of the administrative authority, burdened with proof, the transfer decision must be annulled”.

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