CHAPTER III

PROCEDURES AT FIRST INSTANCE
SECTION IV

Exceptions from the right to remain in case of subsequent applications
Article 41
1
Member States may make an exception from the right to remain in the territory where a person:
a
has lodged a first subsequent application, which is not further examined pursuant to Article 40(5), merely in order to delay or frustrate the enforcement of a decision which would result in his or her imminent removal from that Member State; or
b
makes another subsequent application in the same Member State, following a final decision considering a first subsequent application inadmissible pursuant to Article 40(5) or after a final decision to reject that application as unfounded.
Member States may make such an exception only where the determining authority considers that a return decision will not lead to direct or indirect refoulement in violation of that Member State’s international and Union obligations.
2
In cases referred to in paragraph 1, Member States may also:
a
derogate from the time limits normally applicable in accelerated procedures, in accordance with national law, when the examination procedure is accelerated in accordance with Article 31(8)(g);
b
derogate from the time limits normally applicable to admissibility procedures provided for in Articles 33 and 34, in accordance with national law; and/or
c
derogate from Article 46(8).