1. An application shall not be examined on the merits where:
(a) another Member State is responsible in accordance with ;
(b) an application is rejected as inadmissible in accordance with Article 38 or;
(c) an application is explicitly or implicitly withdrawn, without prejudice to Article 40(4) and Article 41(5).
2. When examining an application on the merits, the determining authority shall take a decision on whether the applicant qualifies as a refugee and, if not, it shall determine whether the applicant is eligible for subsidiary protection in accordance with .
3. The determining authority shall reject an application as unfounded where it has established that the applicant does not qualify for international protection pursuant to .
4. The determining authority may be authorised under national law to declare an unfounded application to be manifestly unfounded if, at the time of the conclusion of examination, any of the circumstances referred to in Article 42(1) and (3) apply.
Correlation table
| Directive 2013/32/EU | This Regulation |
| Article 33(1) | Article 39(1) |
| Article 10(2) | Article 39(2) |
| Article 32(1) | Article 39(3) |
| Article 32(2) | Article 39(4) |