Case Law

The Court adopted the view that a return decision or removal order does not infringe the right to respect for the private life of a third-country national concerned on the sole ground that, if he or she were returned to the receiving country, that national would be exposed to the risk that his or her state of health deteriorates, where such a risk does not reach the severity threshold required under Article 4 of the Charter. Nonetheless, the Court ruled that the national's state of health and the care received must be considered by the competent national authority, along with other relevant factors (such as social ties, dependency, and health fragility), when determining whether the national's right to respect for private life precludes removal.

22 November 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Border controls - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Right to health | Countries: Netherlands - Russian Federation

13 November 2019 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Decision on admissibility - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures | Countries: Germany - Syrian Arab Republic

7 February 2017 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Freedom from torture, inhuman and degrading treatment - Torture - Visas | Countries: Belgium

17 February 2009 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - EU Qualification Directive - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Internal armed conflict | Countries: Iraq - Netherlands