Judgment_paragraph 39 · Shamso Abdullahi v Bundesasylamt (C-394/12)

39Secondly, the Asylgerichtshof is uncertain as to whether the Hellenic Republic might be responsible if Hungary’s acceptance were not to be taken into account. Referring to paragraphs 44 and 45 of the judgment in Case C-620/10 Kastrati and Others [2012] ECR, the Asylgerichtshof infers that Article 16(3) of Regulation No 343/2003, under which the obligations of the Member State responsible are to cease where the applicant for asylum has left the territory of the Member States for at least three months, is not applicable where an asylum application has not yet been made. It also notes that that provision is among the procedural provisions laid down in that regulation, and not in Chapter III, which lays down the substantive criteria for determining responsibility. The Asylgerichtshof also observes that, similarly, the only provision in Regulation No 1560/2003 which refers to Article 16(3) of Regulation No 343/2003 is Article 4, relating to requests for taking back, and not Article 3, which concerns requests for taking charge. Lastly, the Asylgerichtshof points out that the need to check the route taken by the applicant for asylum and his dates of entry into and departure from EU territory is likely to take time and to raise complicated evidentiary issues, which may prolong the duration of the proceedings and the state of uncertainty for the applicant for asylum.