Press Release: Advocate General’s Opinion in Case C-670/16. Tsegezab Mengesteab v Bundesrepublik Deutschland

Advocate General Sharpston considers that an applicant for international protection can challenge a Member State’s decision to transfer him to another Member State on the basis that the ‘take charge request’ sent by the first Member State was not made within the time limits set out under EU law.

In the Advocate General’s opinion, the Dublin III Regulation, the relevant legislation, is no longer a purely inter-State mechanism and the operation of time limits has substantive implications for the applicants and the Member States concerned.