According to the press release of the first instance tribunal of Brussels a judgement was adopted in a case concerning the Order of the French speaking and German speaking Bars (O.B.F.G.) and 9 other associations in a claim against Fedasil on the management of reception for asylum applicants.

The case concerned issues related to the management by the Belgian authorities of the presentation and registration of asylum applications submitted by third country nationals or stateless persons, and the reception of asylum seekers. The claim also raised the issue of the non-implementation by the Belgian State and the Fedasil of a large number of judicial decisions adopted against them on the abovementioned issues.

The tribunal ruled that the Belgian State has violated its obligation to ensure in an effective manner the right of third country nationals to present an application for international protection as soon as they express their will, in order for the latter to register and lodge their application according to the recast APD deadlines. The tribunal stated that the Belgian State and Fedasil violated Article 17 of the recast APD and Articles 3 and 7 of the Law on reception of 12 January 2007 asylum applicants and other categories of third country nationals, because they abstained from providing each asylum applicant the access to material reception conditions as soon as they registered as asylum applicants. The tribunal found also a violation of Article 6 of the ECHR for not executing a large number of judicial decisions on the above-mentioned issues. The tribunal stated that those violations constitute issues which have a nexus with the damages requested by the applicants and the tribunal concluded to the civil responsibility of the Belgian State and Fedasil.

The tribunal ordered the Belgian State to ensure access for asylum applicants to present and register their applications without any delay, subject to a penalty of 10 000 Euros per day, up to a maximum of 1 000 000 Euros. The tribunal also ordered the Belgian State and Fedasil to end the systemic violations of the EU law and to take the necessary measures to provide effective access to material reception conditions, subject to a penalty of 10,000 euro per day, up to a maximum of 2 000 000 Euros.