Judgment of the Court (Fifth Chamber) of 16 July 2020 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Milkiyas Addis v Bundesrepublik Deutschland

(Case C-517/17) (1)

(Reference for a preliminary ruling - Area of freedom, security and justice - Asylum policy - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Articles 14 and 34 - Obligation to give applicants for international protection the opportunity of a personal interview before the adoption of a decision declaring the application to be inadmissible - Failure to comply with that obligation in the procedure at first instance - Consequences)

(2020/C 297/03)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Milkiyas Addis

Defendant: Bundesrepublik Deutschland

Operative part of the judgment

Articles 14 and 34 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection must be interpreted as precluding national legislation under which failure to comply with the obligation to give an applicant for international protection the opportunity of a personal interview before the adoption of a decision on the basis of Article 33(2)(a) of that directive declaring the application to be inadmissible does not lead to that decision being annulled and the case being remitted to the determining authority, unless that legislation allows the applicant, in the appeal procedure against that decision, to set out in person all of his or her arguments against the decision in a hearing which complies with the applicable conditions and fundamental guarantees set out in Article 15 of that directive, and those arguments are not capable of altering that decision.

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(1)  OJ C 392, 20.11.2017.