Abstract:Federal Republic of Germany - Bundesverwaltungsgericht (Federal Administrative Court) - Ref. No: 1 C 4.19 - Date of decision: 21/04/2020 Inadmissibility of an asylum application due to subsidiary prot Show moreection in Bulgaria Following the decision of the CJEU of 19 March 2019 - Case C-297/17 and others - and the order of 13 November 2019 - Case C-540/17 and others - the BVerwG determined that a safe third country within the meaning of Section 29(1)(3) in conjunction with Section 26a of the Asylum Act (AsylG) can only be a state that is not a Member State of the European Union, given the necessary interpretation of this provision in conformity with Union law. Furthermore, the lawfulness of an inadmissibility decision on the grounds that international protection has already been granted in another Member State in a restriction of Section 29(1)(2) AsylG in conformity with Union law presupposes that the plaintiff is not expected to face living conditions in the Member State that granted the protection that are tantamount to inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union (CFR). The BVerwG set aside one part of the challenged ruling and referred the matter back to the Verwaltungsgerichtshof (Supreme Administrative Court) for other hearings and decisions.
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