The applicant, a Georgian national, applied for asylum and was accommodated in a Red Cross reception centre in Rocourt pending outcome. A take back request was accepted by the Dutch authorities and a decision to transfer the applicant was adopted. The applicant brought an appeal against the decision. 

By decision of 11 January 2021, made in the light of the transfer decision, Fedasil altered the place of reception of the applicant and ordered compulsory assignment, to a specialised reception facility in Mouscron (Belgium), in order for him to receive the support that is provided for in relation to the organisation of his transfer to the Member State responsible. A request for interim measures was submitted and on 4 February 2021, the tribunal du travail de Liège (Labour Court, Liège) provisionally ordered that the applicant in the main proceedings was to continue to be accommodated at the Rocourt Red Cross reception centre.

On 14 January 2021, the applicant appealed against Fedasil’s decision and argued that the decision infringed his right to a remedy with suspensory effect against the decision refusing leave to remain.

The Court of Justice of the EU ordered: Article 27 of Dublin III Regulation is to be interpreted as not precluding a Member State from adopting, in relation to an applicant who has brought an appeal against a decision to transfer him or her to another Member State as referred to in Article 26(1) of that regulation, measures preparatory to such a transfer, such as the allocation of a place in a specialised reception facility where those accommodated receive support in preparing for their transfer.