According to the Council of State press release:

FEDASIL requested to the Council of State to suspend and annul the decision of the Mayor of the City of Spa to halve by 8 November 2021, the capacity of the Sol Cress reception centre for asylum seekers established on the territory of this municipality and managed by the company SVASTA, on behalf of FEDASIL. The decision of the mayor was based on the problems of public safety, fire safety and health security observed in this reception centre.

The Council of State rejected the request for suspension of the decision for extreme urgency submitted by FEDASIL (also by the limited liability company SVASTA) and rejected the FEDASIL argument concerning the risk of not being able to relocate residents who had to leave the SPA centre. The Council of State noted that, on 28 October 2021, FEDASIL itself announced the opening of several centres in Wallonia and Flanders, likely to accommodate several hundred asylum seekers. In addition, the Council of State drew attention to the fact that the exercise of FEDASIL's legal mission cannot be to the detriment of that which the municipalities are entrusted with and which are responsible for ensuring the maintenance of public order on their territory.