The case concerned the return measure adopted by national authorities against nine unaccompanied minors. The applicants requested precautionary measures to be adopted in order to suspend the return to Morocco. The local court of Ceuta stated that for the adoption of a precautionary measure there are two conditions to be met: "appearance of good law or fumus boni iuris” which is the existence of data, arguments and documentary justifications that lead to founding of the Court, without prejudging the merits of the matter, and a second that is the “periculum in mora” which is the existence of circumstances produced during the process, which impede or hinder the effectiveness of the guardianship that could be granted in normal circumstances. The court mentioned that the agreement of 6 March 2007 between Spain and Morocco is not an international treaty and cannot be invoked to justify the return of minors. Specifically, article 5 of the referred Agreement concerns return and indicates “The competent authorities Spanish, ex officio or at the proposal of the public entity that exercises guardianship over the minor, they will decide on the return to their country of origin, with strict observance of the Spanish legislation, rules and principles of law international law and the provisions of the Convention on the Children's rights".

According to Spanish law, all minors, regardless of their situation legal, shall be granted the right to be heard both in judicial proceedings and administrative but in the case, there was no indication for the compliance with this legislative provision. Moreover, there was no indication that the minors were informed about their situation and the repatriation and no guardian was appointed in the case; the mere reference of the list of minors to the Public Prosecutor does not mean compliance with the legal requirements.

The local court of Ceuta halted the return to Morocco of nine unaccompanied children who arrived in May 2021, on the grounds that the procedure did not comply with Spanish legislation or the Convention on the Rights of the Child.