# C_2013114EN.01002601.xml

| 20.4.2013 | EN | Official Journal of the European Union | C 114/26 |
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20.4.2013

EN

Official Journal of the European Union

C 114/26

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Request for a preliminary ruling from the Arbeidshof te Brussel (Belgium) lodged on 15 February 2013 — Federaal agentschap voor de opvang van asielzoekers v Selver Saciri and Others

(Case C-79/13)

2013/C 114/40

Language of the case: Dutch

Referring court

Referring court

Arbeidshof te Brussel

Parties to the main proceedings

Parties to the main proceedings

Applicant: Federaal agentschap voor de opvang van asielzoekers

Applicant:

Defendants: Selver Saciri, Danijela Dordevic, Danjel Saciri (represented by: Selver Saciri and Danijela Dordevic), Sanela Saciri (represented by: Selver Saciri and Danijela Dordevic), Denis Saciri (represented by: Selver Saciri and Danijela Dordevic), Openbaar Centrum voor Maatschappelijk Welzijn van Diest

Defendants:

Questions referred

Questions referred

| 1. | When a Member State elects, pursuant to Article 13(5) of Directive 2003/9 (1) of 27 January 2003 laying down minimum standards for the reception of asylum seekers, to provide the material support in the form of a financial allowance, does the Member State then still have any responsibility to ensure that the asylum applicant, in one way or another, enjoys the minimum protection measures of the Directive as contained in Articles 13(1), 13(2), 14(1), 14(3), 14(5) and 14(8) of the Directive? |
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1.

When a Member State elects, pursuant to Article 13(5) of Directive 2003/9 (1) of 27 January 2003 laying down minimum standards for the reception of asylum seekers, to provide the material support in the form of a financial allowance, does the Member State then still have any responsibility to ensure that the asylum applicant, in one way or another, enjoys the minimum protection measures of the Directive as contained in Articles 13(1), 13(2), 14(1), 14(3), 14(5) and 14(8) of the Directive?

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| 2. | Should the financial allowance, provided for by Article 13(5) of the Directive, be granted from the date of the application for asylum and the reception request, or from the expiry of the period provided for in Article 5(1) of the Directive, or from another date. Should the financial allowance be of such a nature that it allows the asylum seeker, in the absence of material reception facilities provided by the Member State or by an institution designated by the Member State, to provide for his own accommodation at all times, if necessary in the form of hotel accommodation, until such time as he is offered permanent accommodation or as he is able to acquire more permanent accommodation himself? |
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2.

Should the financial allowance, provided for by Article 13(5) of the Directive, be granted from the date of the application for asylum and the reception request, or from the expiry of the period provided for in Article 5(1) of the Directive, or from another date. Should the financial allowance be of such a nature that it allows the asylum seeker, in the absence of material reception facilities provided by the Member State or by an institution designated by the Member State, to provide for his own accommodation at all times, if necessary in the form of hotel accommodation, until such time as he is offered permanent accommodation or as he is able to acquire more permanent accommodation himself?

| 3. | Is it compatible with the Directive that a Member State only grants the material reception facilities to the extent that the existing reception structures, as established by the State, are able to ensure that accommodation, and refers the asylum seeker who does not find place there for assistance which is available to all the residents of the State, without providing for the necessary statutory rules and structures so that institutions which have not been established by the State itself are effectively able to extend a dignified reception to the asylum applicants within a short period? |
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3.

Is it compatible with the Directive that a Member State only grants the material reception facilities to the extent that the existing reception structures, as established by the State, are able to ensure that accommodation, and refers the asylum seeker who does not find place there for assistance which is available to all the residents of the State, without providing for the necessary statutory rules and structures so that institutions which have not been established by the State itself are effectively able to extend a dignified reception to the asylum applicants within a short period?

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(1)  Council Directive 2003/9/EC (OJ 2003 L 31, p. 18).

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