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FR: Council of State decided on reception conditions for asylum applicants

Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information:
Referral to the CJEU
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
France, Council of State [Conseil d'État], D.B. and A.C. (Kuwait) v French Office of Immigration and Integration (l'Office français de l'immigration et de l'intégration, OFII), 437419 C, ECLI:FR:CEORD:2020:437419.20200110 , 10 January 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
Case history
Related cases:

The applicants, D.B. and A.C.,  nationals of Kuwait, requested asylum in France and accepted the material conditions of reception provided by OFII on 11 July 2018. Their requests for asylum were registered within the Dublin procedure. By decision of 14 May 2019, OFII removed their material conditions due to the fact that the applicants did not fulfill their obligation to present themselves to the authorities in charge of asylum. On 10 September 2019, their requests for asylum were registered within the normal procedure. After they requested the OFII to reinstate their material conditions of reception, and in the abscence of a reply from OFII, the applicants made the same request before the Paris Administrative Tribunal. Their request was rejected by ordinance of 6 January 2020, which held that the applicants and their child were staying in an emergency accomodation for asylum applicants and there was no emergency situation that would justify the intervention of the judge.

Country of Decision
Court Name
FR: Council of State [Conseil d'État]
Case Number
437419 C
Date of Decision
Country of Origin