CELEX: 62018CA0233
Language: en
Date: 2019-11-12 00:00:00
Title: Case C-233/18: Judgment of the Court (Grand Chamber) of 12 November 2019 (Request for a preliminary ruling from the Arbeidshof te Brussel — Belgium) — Zubair Haqbin v Federaal Agentschap voor de opvang van asielzoekers (Reference for a preliminary ruling — Applicants for international protection — Directive 2013/33/EU — Article 20(4) and (5) — Serious breach of the rules of the accommodation centres as well as seriously violent behaviour — Scope of the Member States’ right to determine the sanctions applicable — Unaccompanied minor — Reduction or withdrawal of material reception conditions)

13.1.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 10/8
            
         
      Judgment of the Court (Grand Chamber) of 12 November 2019 (Request for a preliminary ruling from the Arbeidshof te Brussel — Belgium) — Zubair Haqbin v Federaal Agentschap voor de opvang van asielzoekers
      (Case C-233/18) (1)
      
      (Reference for a preliminary ruling - Applicants for international protection - Directive 2013/33/EU - Article 20(4) and (5) - Serious breach of the rules of the accommodation centres as well as seriously violent behaviour - Scope of the Member States’ right to determine the sanctions applicable - Unaccompanied minor - Reduction or withdrawal of material reception conditions)
      (2020/C 10/09)
      Language of the case: Dutch
      
         Referring court
      
      Arbeidshof te Brussel
      
         Parties to the main proceedings
      
      
         Applicant: Zubair Haqbin
      
         Defendant: Federaal Agentschap voor de opvang van asielzoekers
      
         Operative part of the judgment
      
      Article 20(4) and (5) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection, read in the light of Article 1 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a Member State cannot, among the sanctions that may be imposed on an applicant for serious breaches of the rules of the accommodation centres as well as seriously violent behaviour, provide for a sanction consisting in the withdrawal, even temporary, of material reception conditions, within the meaning of Article 2(f) and (g) of the directive, relating to housing, food or clothing, in so far as it would have the effect of depriving the applicant of the possibility of meeting his or her most basic needs. The imposition of other sanctions under Article 20(4) of the directive must, under all circumstances, comply with the conditions laid down in Article 20(5) thereof, including those concerning the principle of proportionality and respect for human dignity. In the case of an unaccompanied minor, those sanctions must, in the light, inter alia, of Article 24 of the Charter of Fundamental Rights, be determined by taking particular account of the best interests of the child.
      
         (1)  OJ C 211, 18.6.2018.