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6.

Member States may decide to further examine the application only if the applicant concerned was, through no fault of his/her own, incapable of asserting the situations set forth in paragraphs 3, 4 and 5 of this Article in the previous procedure, in particular by exercising his/her right to an effective remedy pursuant to Article 39.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-15 · Text as adopted (Official Journal); later amendments are not incorporated in this text.