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CJEU - C 179/11 / Judgment

Cimade, Groupe d’information et de soutien des immigrés (GISTI) v Ministre de l’Intérieur, de l’Outre-mer, des Collectivités territoriales et de l’Immigration

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
European Court of Justice (Fourth Chamber)
Type:
Decision
Decision date:
27/09/2012
Key facts of the case:
 
A preliminary ruling request was made in the proceedings between Cimade and the Groupe d’information et de soutien des immigrés (GISTI), on the one hand, and the Ministry for the Interior, Overseas Territories, Local and Regional Authorities and Immigration, on the other hand. Cimade and the GISTI applied to the Conseil d’État (Council of State), seeking to have the inter-ministerial  circular of 3 November 2009 annulled. They submit that that circular is contrary to the objectives of Directive 2003/9/EC in so far as it excludes asylum seekers from entitlement to the ATA where, in application of Regulation No 343/2003, the French Republic calls upon another Member State, which it considers is responsible for the application by the persons concerned, to take charge of them or take them back.
 
Results (sanctions) and key consequences of the case:
 
The Court affirmed that the Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers in the Member States must be interpreted as meaning that a Member State in receipt of an application for asylum is obliged to grant the minimum conditions for reception of asylum seekers laid down in Directive 2003/9. This principle should be respected also when calling upon another Member State, as responsible for examining his application for asylum, to take charge of or take back that applicant. Furthermore, the Court ruled that a Member State is obliged to grant the minimum reception conditions laid down in Directive 2003/9 to an asylum seeker in respect of whom it decides to call upon another Member State to examine his application for asylum, to take charge of or take back that applicant, until that same applicant is actually transferred by the requesting Member State. Finally, the financial burden of granting those minimum conditions is to be assumed by that requesting Member State, which is subject to that obligation.