Judgment_paragraph 74 · 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)

74In the light of the foregoing, the answer to the first question in Cases C‑297/17, C‑318/17 and C‑319/17 and to the questions referred in Case C‑438/17 is that the first paragraph of Article 52 of the Procedures Directive must be interpreted as meaning that it permits a Member State to provide for the immediate application of the provision of national law transposing Article 33(2)(a) of that directive to applications for asylum on which no final decision has yet been made, which were lodged before 20 July 2015 and before the entry into force of that provision of national law. However, the first paragraph of Article 52 of that directive, read in the light of, inter alia, Article 33 thereof, precludes such an immediate application in a situation where both the application for asylum and the take back request were lodged before the entry into force of the Procedures Directive and, in accordance with Article 49 of the Dublin III Regulation, still fall fully within the scope of the Dublin II Regulation.