Court of Justice (Grand Chamber) 8 February 2024, C-216/22 (A. A. v Bundesrepublik Deutschland.)

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The Court's judgment addresses the interpretation of Article 33(2)(d) and Article 40(2) and (3) of Directive 2013/32/EU concerning the conditions under which a subsequent application for international protection can be deemed inadmissible. The Court ruled that a judgment from the Court of Justice of the European Union, even if it merely interprets existing EU law, qualifies as a "new element" that necessitates further examination of the asylum application. Additionally, it clarified that Member States may permit their courts to decide on the merits of a subsequent application if a prior inadmissibility decision is annulled, provided that procedural safeguards are maintained.AI