Case registered under C-184/24 [Sidi Bouzid]

The case concerned a mother and her child who refused being transferred from an accommodation to another. The administrative authority ordered the withdrawal of reception conditions due to their refusal of the transfer, which was justified by organsiational aspects and management of reception centers. The withdrawal decision was reasoned as due to several facts relating to the applicant: first, the fact that he, together with the child, occupies accommodation intended not for two but for four people; secondly, the violent conduct of the applicant. However, the basis for the withdrawal was the applicant's repeated refusal of the transfers ordered by the administrative authority for organisational reasons.  The applicant justified the refusal on the basis that the child studies at a place close to the current accommodation centre. Moreover, the applicant claimed that in case of withdrawn reception condition, he would not be able to meet his and the child's basic vital needs. The applicant relied upon Article 20 of the recast RCD, as interpreted by the CJEU in cases Zubair Haqbin Case C-233/18, 12 November 2019 and Ministero dell'Interno v TO, Case C-422/21, 1 August 2022.

The Regional Administrative Court of Lombardia submitted the following question to the CJEU for a preliminary ruling:

"Does Article 20 of Directive [2013/33/EU] and the principles set out by the Court of Justice in its judgments of 12 November 2019 in Case C-233/[18] and 1 August 2022 in Case C-422/[21] – in so far as they preclude the administrative authority of the Member State from ordering, as a sanction, the withdrawal of reception measures where that decision would be detrimental to the basic vital needs of the foreign national applying for international protection and of his family – preclude national legislation which permits, following a reasoned individual assessment, relating also to the necessity and proportionality of the measure, withdrawal of reception, not for sanctioning reasons, but because the conditions for being granted it are no longer met, in particular, on account of the foreign national's refusal, on grounds which do not relate to covering basic vital needs and protecting human dignity, to agree to the transfer to another accommodation centre, designated by the administrative authority on account of objective organisational needs and guaranteeing, under the responsibility of the administrative authority itself, that the material reception conditions equivalent to those enjoyed at the centre of origin will be maintained, where the refusal to transfer and subsequent decision ordering the withdrawal place the foreign national in the position of being unable to meet basic needs of personal and family life?"

The AG provided its opinion on 19 June 2025 and is available here.