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Judgment in Case C-69/21 Staatssecretaris van Justitie en Veiligheid (Distancing – Therapeutic Cannabis)

22 November 2022

Tuesday 22nd November 2022

Judgment in Case C-69/21 Staatssecretaris van Justitie en Veiligheid (Distancing – Therapeutic Cannabis)

(Area of Freedom, Security, and Justice)

A Russian national who developed a rare form of blood cancer at the age of sixteen is currently being treated in the Netherlands. His medical treatment includes the administration of therapeutic cannabis for pain relief. However, the use of therapeutic cannabis is not permitted in Russia.

This national has made several applications for asylum in the Netherlands, the last of which was rejected in 2020, and has appealed to the Rechtbank Den Haag (Court of The Hague) against the return decision that was adopted in his case. He believes that he should be granted a residence permit or at least a postponement of his removal on the grounds that the therapeutic cannabis treatment in the Netherlands is so essential to him that he would no longer be able to lead a decent life if the treatment were interrupted.

The Hague Tribunal decided to ask the Court of Justice whether EU law precludes a return decision or a removal order in such a case.

Background Documents C-69/21

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Details

Date:
22 November 2022
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Venue

EU Court of Justice
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg
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Phone
+35243031

Organizer

EU Court of Justice