# C_2011186EN.01001302.xml

| 25.6.2011 | EN | Official Journal of the European Union | C 186/13 |
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25.6.2011

EN

Official Journal of the European Union

C 186/13

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Reference for a preliminary ruling from the Conseil d’État (France) lodged on 18 April 2011 — 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)

2011/C 186/23

Language of the case: French

Referring court

Referring court

Conseil d’État

Parties to the main proceedings

Parties to the main proceedings

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

Applicants:

Defendant: Ministre de l’Intérieur, de l’Outre-Mer, des Collectivités Territoriales et de l’Immigration

Defendant:

Questions referred

Questions referred

| 1. | Does Council Directive 2003/9/EC of 27 January 2003 (1) guarantee the minimum reception conditions to which it refers to applicants in respect of whom a Member State in receipt of an application for asylum decides, under Council Regulation (EC) No 343/2003 of 18 February 2003, (2) to refer a request to another Member State which it deems to have jurisdiction to examine that asylum application, throughout the duration of the procedure for taking charge of them or for taking them back by that other Member State? |
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1.

Does Council Directive 2003/9/EC of 27 January 2003 (1) guarantee the minimum reception conditions to which it refers to applicants in respect of whom a Member State in receipt of an application for asylum decides, under Council Regulation (EC) No 343/2003 of 18 February 2003, (2) to refer a request to another Member State which it deems to have jurisdiction to examine that asylum application, throughout the duration of the procedure for taking charge of them or for taking them back by that other Member State?

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| 2. | If the answer to that question is in the affirmative:






  (a) | Does the obligation, incumbent on the first Member State, to guarantee the minimum reception conditions cease at the moment of the acceptance decision by the State to which the referral was made, upon the actual taking charge or taking back of the asylum seeker, or at some other date? |
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2.

If the answer to that question is in the affirmative:

(a)

Does the obligation, incumbent on the first Member State, to guarantee the minimum reception conditions cease at the moment of the acceptance decision by the State to which the referral was made, upon the actual taking charge or taking back of the asylum seeker, or at some other date?

| (b) | Which Member State should thus assume the financial burden of providing the minimum reception conditions during that period? |
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(b)

Which Member State should thus assume the financial burden of providing the minimum reception conditions during that period?

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(1)  Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (OJ 2003 L 31, p. 18).

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(2)  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).

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