Judgment_paragraph 91 · K.S. and M.H.K. v The International Protection Appeals Tribunal and Others and R.A.T. and D.S. v Minister for Justice and Equality (C-322/19, C-385/19)

91In that regard, it must be borne in mind that proof of an abuse requires, first, a combination of objective circumstances in which, despite formal observance of the conditions laid down by the EU rules, the purpose of those rules has not been achieved and, second, a subjective element consisting in the intention to obtain an advantage from the EU rules by artificially creating the conditions laid down for obtaining it (judgment of 18 December 2014, McCarthy and Others, C‑202/13, EU:C:2014:2450, paragraph 54 and the case-law cited).