Skip Ribbon Commands
Skip to main content
ES: High Court of Justice ruled that the Spanish authorities have to ensure access to the reception system by international protection applicants transferred from other Member State.

Input Provided By
EUAA Asylum Report
Other Source/Information:
Referral to the CJEU
Original Documents
Relevant Legislative Provisions
EU Charter of Fundamental Rights ; European Convention on Human Rights; Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;
Spain, High Court of Justice [Tribunal Superior de Justicia], Fermin v Ministry of Employment and Social Security (Ministerio de Empleo y Seguridad Social), STSJ M 12520/2018 Resolution: 913/2018, ES:TSJM:2018:12520, 22 November 2018. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
Case history
Related cases:
On November 2018, the Supreme Court of Madrid ruled that the Spanish authorities had to ensure the access to a reception centers to an international protection applicant who previously abandon the assigned center to travel to the Netherlands. The Ministry of Labour and Social Security had withdrawn access to the reception system based on the ground that the applicant lost his right to stay there when left his previous center without previous communication. According to the Spanish Constitution, the European Convention of Human Rights and the EU Charter of Fundamental rights, the re-admission must be ensure based on the right to physical and moral integrity and the right of defense, specially in this case where the applicant is in a situation of special vulnerability due to his medical condition.
Country of Decision
Court Name
ES: High Court of Justice [Tribunal Superior de Justicia]
Case Number
STSJ M 12520/2018 Resolution: 913/2018
Date of Decision
Country of Origin
Dublin procedure
Medical condition
Vulnerable Group