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NF v European Council – T‑192/16

Country European Council
Status FINAL
Court CJEU
Relevant Law Articles 1, 18, 19 and 47 EU Charter of Fundamental Rights; Article 36 Directive 2005/85/EC; Directive 2001/55/EC; Articles 218 and 263 TFUE
Year 2017
Found for Inadmissible

The application was seeking the annulment of an alleged agreement concluded between the European Council and the Republic of Turkey dated 18 March 2016 and entitled ‘EU-Turkey statement, 18 March 2016’. NF, a Pakistani national, pleaded, inter alia, that the said agreement was incompatible with EU fundamental rights (especially with regards to the right to asylum and protection in the event of removal, expulsion or extradition), that Turkey is not a safe third country in the sense of Article 36 of Directive 2005/85/EC and that that the prohibition of collective expulsion in the sense of Article 19 of the Charter on Fundamental Rights of the European Union was breached. CJEU dismissed the action on the grounds of the Court’s lack of jurisdiction to hear and determine it.