Introduction
Can a country deny you temporary protection just because you have already submitted such a request in another European country? On 27 February 2025, the highest court of the European Union (the CJEU) provided an important answer to this question in the case of a Ukrainian woman who first applied in Germany and then in the Czech Republic. This article explains what the court decided and what it means for Ukrainians applying in different countries.
What was the issue?
A woman from Ukraine applied for temporary protection in Germany on 19 July 2022. Then, on 20 September 2022, she submitted a similar application in the Czech Republic. The Czech authorities refused to process her case because she had already applied in Germany.
A Czech judge asked the European Court: can a country refuse a person just because they have already applied in another country (even if a decision has not yet been made)?
What did the European Court say?
The Court gave two important answers:
- A country cannot simply refuse you if you have already applied in another country but have not yet received protection there.
This means: if you do not yet have a residence permit from another country, the new country is obliged to examine your request. - If you are refused, you must be able to appeal this decision.
You have the right to file an appeal in court if you disagree with the refusal.
What did the court not say?
The court specifically did not consider the situation where a person has already received temporary protection in another country (i.e., has already received documents). In this case, by law, a country can refuse. However, a clear answer to this situation was not given in this case.
What does this mean for the Netherlands?
In the Netherlands, the following applies:
- If you already have documents for temporary protection from another EU country, the Netherlands can refuse you.
- However: EU countries have agreed not to apply the rule of returning people to the first country.
- In practice, this means that the Netherlands often grants you temporary protection anyway. The first country (e.g., Poland or Germany) must then terminate its protection.
What does this mean for you?
- If you have applied in another country but have not yet received documents there, the Netherlands is not allowed to automatically refuse you.
- If you have already received protection in another country, the Netherlands can refuse you, but most of the time, they do not.
- In any case, if you are refused, you have the right to go to court.
Conclusion
This decision by the European Court is good news for people who, for various reasons, apply for protection in several countries. Countries cannot refuse you without grounds. This provides more protection and certainty for those who have fled the war and are seeking safety in Europe.
Source:
https://www.clingendael.org/sites/default/files/2024-10/DG-OEK_3.0.pdf
