Case C-562/13 – Abdida v Centre public d’action sociale d’Ottignies-Louvain-La-Neuve

adminLeave a Comment

Respondent/Defendant:Centre public d'action sociale d'Ottignies-Louvain-La-Neuve
Court/s:ECJ
Citation/s:C-562/13
Nature of Proceedings:Preliminary ruling
Judgment Date/s:18 Dec 2014
Judge:CJEU, Grand Chamber: V. Skouris, President, K. Lenaerts, Vice-President, M. Ilešič, L. Bay Larsen (Rapporteur), T. von Danwitz, J.-C. Bonichot and K. Jürimäe, Presidents of Chambers, A. Rosas, E. Juhász, A. Arabadjiev, C. Toader, M. Safjan, D. Šváby, M. Berger and A. Prechal, Judges
Category:Deportation, Refugee Law
Keywords:Deportation, Protection (Subsidiary), Refugee, Return Decision
Country of Origin:Nigeria
URL:http://curia.europa.eu/juris/document/document.jsf?text=&docid=160943&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=223364
Geographic Focus:Europe

Facts:Under Belgian law, a foreign national residing in Belgium who could prove his identity and who suffered from an illness occasioning a real risk to his life or physical integrity or a real risk of inhuman or degrading treatment where there was no appropriate treatment in his country of origin, or in the country in which he resided, was entitled … Read More

Principles:

Under Article 47 of the Charter of Fundamental Rights, a person is entitled to an effective remedy against a decision to remove him or her to his or her country of origin. Under Article 19(2) CFR, such a person may not be removed to a country where there is a serious risk that he or she would be subjected to inhuman or degrading treatment. In the light of caselaw of the European Court of Human Rights, removal may be precluded in exceptional cases, where the humanitarian grounds are compelling. In order for an appeal against such a decision to be effective, it may be necessary to provide the person concerned with a remedy having suspensive effect on the decision, and, in an appropriate case, to provide him or her with necessary medical treatment pending return.

Go Back