Opinion of Advocate General Medina in the case of Zimir, C-662/23

77.      In the light of the above considerations, I propose that the Court answer the questions referred for a preliminary ruling by the Raad van State (Council of State, Netherlands) as follows:

Point (b) of the third subparagraph of Article 31(3) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in combination with Article 4(1) of that directive,

must be interpreted as meaning that the six-month time limit for examining an application for international protection as referred to in the first subparagraph of Article 31(3) of Directive 2013/32 may be extended by nine months only if the increase in the number of applications in a given Member State occurs at a high rate, giving rise to a rapid increase (‘spike’) in that number, which, in view of the exceptional nature of the circumstances outlined in that provision, precludes a progressive increase of the number of applications over a lengthy period of time. Circumstances which do not amount to a simultaneous increase in the number of applications for international protection cannot be taken into account for the purpose of determining whether it is very difficult in practice to conclude the procedure within the six-month time limit. The impossibility of complying with the six-month time limit which is attributable to the simultaneous increase in the number of new applications must occur during or shortly before the six-month period that will be the subject of the extension.