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Key facts of the case:
 
(Request for a preliminary ruling from the Cour du travail de Bruxelles (Belgium))
(Reference for a preliminary ruling — Common European Asylum System — Directive 2003/9/EC — Minimum standards for the reception of asylum seekers in the Member States — Directive 2004/83/EC — Minimum standards for the qualification and status of third-country nationals or stateless persons as refugees — Person eligible for subsidiary protection — Article 2(e) — Real risk of suffering serious harm — Article 15(b) — Inhuman or degrading treatment — Directive 2005/85/EC — Minimum standards on procedures in Member States for granting and withdrawing refugee status — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — Article 13(2) — Suspensive effect of remedies — Article 14(1) — Safeguards pending return — Charter of Fundamental Rights of the European Union — Decision by the Member State refusing to grant a third-country national who is seriously ill leave to reside on medical grounds and ordering that person to leave national territory — No remedy automatically suspending enforcement of the removal — No provision made for basic needs other than medical needs to be met — Grant of emergency medical assistance)
 
Results (sanctions) and key consequences of the case:
 
159. In the light of the foregoing considerations, I propose that the Court reply to the Cour du travail de Bruxelles as follows:
  1. Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted and Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status must be interpreted as meaning that the procedural safeguards and social benefits established by the EU legislature under those directives are not applicable to an application for leave to reside on medical grounds under Article 9b of the Law of 15 December 1980 on entry to Belgian territory, residence, establishment and removal of foreign nationals.
  2. Article 13(1) and (2) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals must be interpreted as precluding a national procedural rule which does not make available a remedy with automatic suspensive effect where an appeal is lodged against a return decision the enforcement of which may expose the person concerned to a risk of inhuman or degrading treatment contrary to Article 4 of the Charter of Fundamental Rights of the European Union, in view of that person’s state of health.
  3. Article 14 of Directive 2008/115 must be interpreted as precluding national legislation which, with regard to illegally staying third-country nationals who have appealed against a return decision, limits provision for their basic needs merely to emergency medical assistance. In such a situation, the Member State is required to ensure, for the entire duration of the judicial proceedings, that provision is made for the basic needs of the person concerned to a level sufficient to ensure that his subsistence needs are catered for and a decent standard of living adequate for his health, by enabling him, inter alia, to secure accommodation and by taking account of any special needs that he may have.