Judgment_paragraph 67 · Bashar Ibrahim and Others v Bundesrepublik Deutschland and Bundesrepublik Deutschland v Taus Magamadov (C-297/17, C-318/17, C-319/17, C-438/17)

67It is apparent from the orders for reference that the provision whereby the additional ground for inadmissibility laid down in Article 33(2)(a) of the Procedures Directive was transposed into German law, namely Paragraph 29(1), point 2, of the AsylG, entered into force with effect from 6 August 2016 and that, in the absence of national transitional provisions, the referring court must, pursuant to the first sentence of Paragraph 77(1) of the AsylG, base its decision, on the disputes in the main proceedings, on the situation in fact and in law obtaining at the time of the last hearing before that court or, if a judgment is given without a hearing, the date at which its judgment is given, and, therefore, on Paragraph 29 of the AsylG in the version in force on that date, unless the first paragraph of Article 52 of the Procedures Directive precludes the immediate application of that version to applications which were lodged before the entry into force of that directive but on which no final decision has been made.