20.11.2017   

EN

Official Journal of the European Union

C 392/15

1.

Does EU law preclude a Member State (in this case, Germany) from rejecting an application for international protection as inadmissible on the ground that refugee status has been granted in another Member State (in this case, Italy), in implementation of the power under Article 33(2)(a) of Directive 2013/32/EU (1) or under the rule in Article 25(2)(a) of Directive 2005/85/EC (2) that preceded it, if the form which the international protection takes, and more specifically, the living conditions of persons qualifying as refugees, in the other Member State which has already granted the applicant international protection (in this case, Italy), does not satisfy the requirements of Article 20 et seq. of Directive 2011/95/EU but does not, in and of itself, infringe Article 4 of the Charter of Fundamental Rights of the European Union or Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms?

2.

If Question 1 is to be answered in the affirmative, is this also the case where, although the persons qualifying as refugees in the Member State in which they so qualify (in this case, Italy)

3.

Does the first sentence of Article 14(1) of Directive 2013/32/EU or the rule in the first sentence of Article 12(1) of Directive 2005/85/EC that preceded it preclude the application of a national provision under which the failure to conduct a personal interview with the applicant in the case where the determining authority rejects an asylum application as inadmissible, in implementation of the power under Article 33(2)(a) of Directive 2013/32/EU or the rule in Article 25(2)(a) of Directive 2005/85/EC that preceded it, does not result in that decision being annulled by reason of that failure if the applicant has an opportunity in the judicial proceedings to set out all the circumstances mitigating against a decision of inadmissibility and, even having regard to those submissions, no other decision can be taken in the case?