42In the present case, as regards, in the first place, the condition laid down in Article 38(1) of Directive 2013/32, in the light of the wording itself of the national legislation at issue in the main proceedings, it would appear – and this is a matter for the referring court to determine – that the application of the ground of inadmissibility relating to the first situation referred to in that legislation is subject to compliance, in the third country concerned, with only some of the principles laid down in Article 38(1) of that directive, the requirement of compliance in that country with the principle of non-refoulement, inter alia, being absent. The condition laid down in Article 38(1) of that directive has not, therefore, been satisfied.
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