Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national Basic information Dates Date of document: Date of publication: Date of effect: March 17, 2003 Entry into force - Date pub. +20 See Art 29 Date of end of validity: Modified by Modified by: All documents based on this document: Repealed by: Modifies Affected by case Judgment of the Court (Fourth Chamber), 30 May 2013. Zuheyr Frayeh Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet. Request for a preliminary ruling from the Administrativen sad Sofia-grad. Asylum — Regulation (EC) No 343/2003 — Determination of the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national — Article 3(2) — Discretion of the Member States — Role of the Office of the United Nations High Commissioner for Refugees — Obligation of Member States to request that Office to present its views — None. Case C‑528/11. Judgment of the Court (Grand Chamber), 6 November 2012. K v Bundesasylamt. Reference for a preliminary ruling from the Asylgerichtshof. Regulation (EC) No 343/2003 – Determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third‑country national – Humanitarian clause – Article 15 of that regulation – Person who enjoys asylum in a Member State and is dependent on the assistance of an asylum seeker because she suffers from a serious illness – Article 15(2) of the regulation – Obligation on that Member State, which is not responsible according to the criteria laid down in Chapter III of that regulation, to examine the application for asylum made by that asylum seeker – Conditions. Case C‑245/11. Judgment of the Court (Grand Chamber), 14 November 2013. Bundesrepublik Deutschland v Kaveh Puid. Request for a preliminary ruling from the Hessischer Verwaltungsgerichtshof. Asylum — Charter of Fundamental Rights of the European Union — Article 4 — Regulation (EC) No 343/2003 — Article 3(1) and (2) — Determination of the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national — Articles 6 to 12 — Criteria for determining the Member State responsible — Article 13 — Fall-back clause. Case C‑4/11. Judgment of the Court (Grand Chamber), 10 December 2013. Shamso Abdullahi v Bundesasylamt. Request for a preliminary ruling from the Asylgerichtshof. Request for a preliminary ruling — Common European Asylum System — Regulation (EC) No 343/2003 — Determination of the Member State responsible for examining an asylum application — Review of compliance with the criteria for determining responsibility for examining the asylum application — Scope of judicial review. Case C‑394/12. Judgment of the Court (Fourth Chamber), 6 June 2013. The Queen, on the application of MA and Others v Secretary of State for the Home Department. Request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division). Regulation (EC) No 343/2003 — Determining the Member State responsible — Unaccompanied minor — Successive applications for asylum lodged in two Member States — Absence of a member of the family of the minor in the territory of a Member State — Second paragraph of Article 6 of Regulation No 343/2003 — Transfer of the minor to the Member State in which he lodged his first application — Compatibility — Child’s best interests — Article 24(2) of the Charter. Case C‑648/11. Judgment of the Court (Fourth Chamber), 3 May 2012. Migrationsverket v Nurije Kastrati and Others. Reference for a preliminary ruling from the Kammarrätten i Stockholm — Migrationsöverdomstolen. Dublin system — Regulation (EC) No 343/2003 — Procedure for determining the Member State responsible for examining an asylum application — Third-country nationals in possession of a valid visa issued by the ‘Member State responsible’ within the meaning of Regulation No 343/2003 — Asylum application lodged in a Member State other than the State responsible pursuant to that regulation — Application for a residence permit in a Member State other than the State responsible followed by the withdrawal of the asylum application — Withdrawal occurring before the Member State responsible accepted that it should take charge — Withdrawal terminating the procedures set up by Regulation No 343/2003. Case C‑620/10. Judgment of the Court (Fourth Chamber), 27 September 2012. Cimade and Groupe d’information et de soutien des immigrés (GISTI) v Ministre de l’Intérieur, de l’Outre-mer, des Collectivités territoriales et de l’Immigration. Reference for a preliminary ruling from the Conseil d’État (France). Applications for asylum — Directive 2003/9/EC — Minimum standards for the reception of asylum seekers in the Member States — Regulation (EC) No 343/2003 — Obligation to guarantee asylum seekers minimum reception conditions during the procedure of taking charge or taking back by the responsible Member State — Determining the Member State obliged to assume the financial burden of the minimum conditions. Case C‑179/11. Judgment of the Court (Grand Chamber) of 19 March 2019. Bashar Ibrahim and Others v Bundesrepublik Deutschland and Bundesrepublik Deutschland v Taus Magamadov. Requests for a preliminary ruling from the Bundesverwaltungsgericht. Reference for a preliminary ruling — Area of freedom, security and justice — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 33(2)(a) — Rejection by the authorities of a Member State of an application for asylum as being inadmissible because of the prior granting of subsidiary protection in another Member State — Article 52 — Scope ratione temporis of that directive — Articles 4 and 18 of the Charter of Fundamental Rights of the European Union — Systemic flaws in the asylum procedure in that other Member State — Systematic rejection of applications for asylum — Substantial risk of suffering inhuman or degrading treatment — Living conditions of those granted subsidiary protection in that other State. Joined Cases C-297/17, C-318/17, C-319/17 and C-438/17. Case C-19/08: Judgment of the Court (Fourth Chamber) of 29 January 2009 (reference for a preliminary ruling from the Kammarrätten i Stockholm, Migrationsöverdomstolen, Sweden) — Migrationsverket v Edgar Petrosian, Nelli Petrosian, Svetlana Petrosian, David Petrosian, Maxime Petrosian (Right of asylum — Regulation (EC) No 343/2003 — Taking back by a Member State of an asylum seeker whose application has been refused and who is in another Member State where he has submitted a fresh asylum application — Start of the period for implementation of transfer of the asylum seeker — Transfer procedure the subject-matter of an appeal having suspensive effect) {AR|http://publications.europa.eu/resource/authority/fd_370/AR} 20.2 {AR|http://publications.europa.eu/resource/authority/fd_370/AR} 20.1 PT D) Judgment of the Court (Fourth Chamber) of 29 January 2009. Migrationsverket v Edgar Petrosian and Others. Reference for a preliminary ruling: Kammarrätten i Stockholm - Migrationsöverdomstolen - Sweden. Right of asylum - Regulation (EC) No 343/2003 - Taking back by a Member State of an asylum seeker whose application has been refused and who is in another Member State where he has submitted a fresh asylum application - Start of the period for implementation of transfer of the asylum seeker - Transfer procedure the subject-matter of an appeal having suspensive effect. Case C-19/08. Judgment of the Court (Grand Chamber) of 21 December 2011. N. S. (C-411/10) v Secretary of State for the Home Department and M. E. and Others (C-493/10) v Refugee Applications Commissioner and Minister for Justice, Equality and Law Reform. References for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom and High Court of Ireland - Ireland. European Union law - Principles - Fundamental rights - Implementation of European Union law - Prohibition of inhuman or degrading treatment - Common European Asylum System - Regulation (EC) No 343/2003 - Concept of ‘safe countries’ - Transfer of an asylum seeker to the Member State responsible - Obligation - Rebuttable presumption of compliance, by that Member State, with fundamental rights. Joined cases C-411/10 and C-493/10. Case C-438/17: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 20 July 2017 — Federal Republic of Germany v Taus Magamadov Case C-47/17: Request for a preliminary ruling from the Rechtbank Den Haag, sitting in Haarlem (Netherlands) lodged on 1 February 2017 — X v Staatssecretaris van Veiligheid en Justitie article 20 paragraph 1 point (b) Case C-48/17: Request for a preliminary ruling from the Rechtbank Den Haag, sitting in Haarlem (Netherlands) lodged on 3 February 2017 — X v Staatssecretaris van Veiligheid en Justitie article 20 paragraph 1 point (b) Legal basis Treaty establishing the European Community (Nice consolidated version) Part Three: Community policies Title IV: Visas, asylum, immigration and other policies related to free movement of persons Article 63 EuroVoc Vocabulary Foreign national Asylum policy EU Member State Asylum policy Right of asylum Justice and home affairs Migration policy