Judgment_paragraph 136 · European Commission v Hungary (C-821/19)

136In the second place, it must be borne in mind that, first, any third-country national or stateless person has the right to make an application for international protection on the territory of a Member State, including at its borders or in its transit zones, even if he or she is staying illegally in that Member State (see, to that effect, judgments of 25 June 2020, Ministerio Fiscal (Authority likely to receive an application for international protection), C‑36/20 PPU, EU:C:2020:495, paragraph 73, and of 17 December 2020, Commission v Hungary (Reception of applicants for international protection), C‑808/18, EU:C:2020:1029, paragraph 96 and the case-law cited). That right must be recognised, irrespective of the prospects of success of such a claim.

European Commission v Hungary (C-821/19)

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