Title	Opinion of Advocate General Saugmandsgaard Øe in Case C‑18/20
Publisher	European Union: Court of Justice of the European Union
Publication Date	15 April 2021
Country	Austria | Iraq
Topics	Refugee status determination (RSD) / Asylum procedures
Related Document(s)	XY v Bundesamt für Fremdenwesen und Asyl Case C-18/20
Cite as	Opinion of Advocate General Saugmandsgaard Øe in Case C‑18/20, European Union: Court of Justice of the European Union, 15 April 2021, available at: https://www.refworld.org/cases,ECJ,608fd8bd4.html [accessed 1 October 2022]
Comments	(1) The concept of ‘new elements or findings [that] have arisen or have been presented by the applicant’, as used in Article 40(2) and (3) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, must be interpreted as meaning that it also covers elements or findings which already existed before the procedure relating to a previous application for international protection was definitively concluded, but which were not relied on by the applicant in the context of that procedure. (2) Article 40(3) of Directive 2013/32 must be interpreted as meaning that the substantive examination of a subsequent application does not require a specific procedure, provided that the national procedure fulfils the requirements laid down in Chapter II of that directive. Article 42(2) of that directive, read in conjunction with Article 40(2) to (4) and Article 33(2)(d) thereof, must be interpreted as prohibiting the setting of time limits per se. (3) Article 40(4) of Directive 2013/32 must be interpreted as meaning that the condition relating to the absence of fault laid down therein cannot be applied in the context of an administrative procedure unless that condition is expressly laid down in national law in a manner that satisfies the requirements of legal certainty. It is for the referring court to verify whether this is the case here.
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