Case registered under C-105/24:

The United Civil Sections of the Court of Cassation in Italy decided on the immigration appeals lodged by the Ministry of the Interior against the decrees of the Court of Catania on detention at the border referred to in Article 6-bis of Legislative Decree No 142 of 2015, specifically on the requirement that asylum applicants from countries that are considered safe pay bail of approximately 5,000 EUR to avoid detention while awaiting the outcome of their application for protection. The court made two interlocutory orders to refer the following preliminary question to the Court of Justice of the EU:

“If Articles 8 and 9 of (the recast Reception Conditions Directive), also taking into account the purposes deduced from its recitals 15 and 20, preclude national regulation which provides, as an alternative measure to the detention of the applicant (who has not handed over his passport or other equivalent document), the provision of a financial guarantee the amount of which is established as a fixed amount (in the amount determined for the year 2023 at 4,938.00 euros, to be paid individually, via bank guarantee or insurance guarantee policy) rather than in a variable amount, without allowing any adaptation of the amount to the individual situation of the applicant, nor the possibility of establishing the guarantee itself through the intervention of third parties, albeit in the context of forms of family solidarity, thus imposing methods likely to hinder the use of the alternative measure by those who do not have adequate resources, as well as precluding the adoption of a reasoned decision that examines and evaluate on a case-by-case basis the reasonableness and proportionality of such a measure in relation to the applicant's situation".