# C_2012366EN.01001201.xml

| 24.11.2012 | EN | Official Journal of the European Union | C 366/12 |
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24.11.2012

EN

Official Journal of the European Union

C 366/12

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Judgment of the Court (Fourth Chamber) of 27 September 2012 (reference for a preliminary ruling from the Conseil d’Etat — France) — 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

(Case C-179/11) (1)

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(Applications for asylum - Directive 2003/9/EC - Minimum standards for the reception of asylum seekers in the Member States - Regulation (EC) No 343/2003 - Obligation to guarantee asylum seekers minimum reception conditions during the procedure of taking charge or taking back by the responsible Member State - Determining the Member State obliged to assume the financial burden of the minimum conditions)

2012/C 366/19

Language of the case: French

Referring court

Referring court

Conseil d’Etat

Parties to the main proceedings

Parties to the main proceedings

Applicant: CIMADE, Groupe d’information et de soutien des immigrés (GISTI)

Applicant:

Defendant: Ministre de l’Intérieur, de l’Outre-mer, des Collectivités territoriales et de l’Immigration

Defendant:

Re:

Re:

Reference for a preliminary ruling — Conseil d’État (France) — Interpretation of Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (OJ 2002 L 31, p. 18) and of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ 2003 L 50, p. 1) — Extent of the obligation to guarantee asylum seekers the enjoyment of minimum reception conditions throughout the duration of the procedure for taking charge of them or for taking them back by the Member State responsible — Determination of the Member State obliged to assume the financial burden of providing those minimum conditions during that period

Operative part of the judgment

Operative part of the judgment

| 1. | 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 even to an asylum seeker in respect of whom it decides, under Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, to call upon another Member State, as the Member State responsible for examining his application for asylum, to take charge of or take back that applicant. |
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1.

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 even to an asylum seeker in respect of whom it decides, under Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, to call upon another Member State, as the Member State responsible for examining his application for asylum, to take charge of or take back that applicant.

| 2. | The obligation on a Member State in receipt of an application for asylum to grant the minimum reception conditions laid down in Directive 2003/9 to an asylum seeker in respect of whom it decides, under Regulation No 343/2003, to call upon another Member State, as the Member State responsible for examining his application for asylum, to take charge of or take back that applicant, ceases when that same applicant is actually transferred by the requesting Member State, and the financial burden of granting those minimum conditions is to be assumed by that requesting Member State, which is subject to that obligation. |
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2.

The obligation on a Member State in receipt of an application for asylum to grant the minimum reception conditions laid down in Directive 2003/9 to an asylum seeker in respect of whom it decides, under Regulation No 343/2003, to call upon another Member State, as the Member State responsible for examining his application for asylum, to take charge of or take back that applicant, ceases when that same applicant is actually transferred by the requesting Member State, and the financial burden of granting those minimum conditions is to be assumed by that requesting Member State, which is subject to that obligation.

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(1)  OJ C 186, 25.6.2011.

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