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Commission v Hungary – C-808/18

Country Hungary
Status FINAL
Court CJEU
Relevant Law Articles 5, 6(1), 12(1) and 13(1) Directive 2008/115/EC;Articles 6, 24(3), 43 and 46(5) Directive 2013/32/EU; Articles 8, 9 and 11 Directive 2013/33/EU
Year 2020
Found for Commission

CJEU found Hungary has failed to fulfil its obligations under the relevant directives – in providing that applications for international protection from third-country nationals or stateless persons who, arriving from Serbia, wish to access, in its territory, the international protection procedure, may be made only in the transit zones of Röszke (Hungary) and Tompa (Hungary), while adopting a consistent and generalised administrative practice drastically limiting the number of applicants authorised to enter those transit zones daily; – in establishing a system of systematic detention of applicants for international protection in the transit zones of Röszke and Tompa, without observing the guarantees – in allowing the removal of all third-country nationals staying illegally in its territory, with the exception of those of them who are suspected of having committed a criminal offence, without observing the procedures and safeguards – in making the exercise by applicants for international protection of their right to remain in its territory subject to conditions contrary to EU law;