Court of Justice (Grand Chamber) 14 November 2013, C‑4/11 (Bundesrepublik Deutschland v Kaveh Puid.)

Also known as

The Court of Justice of the European Union (Grand Chamber) addressed whether an asylum seeker has an enforceable right to compel a Member State to examine their application under the discretionary 'sovereignty clause' of Article 3(2) of Regulation (EC) No 343/2003. The Court held that while systemic deficiencies in a Member State's asylum system preclude the transfer of an applicant to that State under Article 4 of the Charter of Fundamental Rights, the determining State is not automatically required to assume responsibility itself. Instead, the determining State must continue to apply the hierarchical criteria of Chapter III to identify another responsible Member State, or failing that, assume responsibility under the fall-back clause of Article 13.AI