X and X v Staatssecretaris van Veiligheid en Justitie (Regulation (EU) No 604/2013) Joined Cases C-47/17 and C-48/17

Regulation (EU) No 118/2014 must be interpreted as meaning that, in the course of the procedure for determining the Member State that is responsible for processing an application for international protection, the Member State which receives a take charge or take back request under Articles 21 and 23 of Regulation (EU) No 604/2013 which, after making the necessary checks, has replied in the negative to that request within the time limits laid down in Articles 22 and 25 of Regulation No 604/2013 and which, thereafter, receives a re-examination request under Article 5(2) of Regulation (EC) No 1560/2003, must endeavour, in the spirit of sincere cooperation, to reply to the re-examination request within a period of two weeks.
Where the requested Member State does not reply within that period of two weeks to the re-examination request, the additional re-examination procedure shall be definitively terminated, with the result that the requesting Member State must, as from the expiry of that period, be considered to be responsible for the examination of the application for international protection, unless it still has available to it the time needed to lodge, within the mandatory time limits laid down for that purpose in Article 21(1) and Article 23(2) of Regulation No 604/2013, a further take charge or take back request.

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