Court of Justice rules on sanctions linked to refusal of transfer between reception centres
In a judgment delivered in Case C-184/24 (Sidi Bouzid), the Court of Justice of the European Union has clarified the limits of sanctions that may be imposed on applicants for international protection who refuse to be transferred to another accommodation centre. The Court found that such a refusal cannot justify the withdrawal of all material reception conditions. While Member States may impose sanctions for serious breaches of reception rules, these must remain proportionate and respect the applicant’s dignity.
The case concerns an applicant for international protection and his minor child, who were accommodated in a reception centre in Milan. In 2023, the competent authorities decided to withdraw their material reception conditions after the applicant repeatedly refused to be transferred, with his child, to another accommodation centre within the same city. The transfer had been ordered because they were occupying accommodation intended for a larger household, while the refusal was justified by the applicant on the grounds of his child’s schooling near the initial centre. The applicant challenged that decision before the Regional Administrative Court of Lombardy, arguing that the withdrawal of reception support prevented him from meeting his own basic needs and those of his child. The national court referred a question to the Court of Justice on the compatibility of such a measure with EU law.
The Court first observed that the applicant had neither left the reception system nor withdrawn, explicitly or implicitly, his application for international protection. As a result, the conditions allowing for the withdrawal or reduction of material reception conditions on those grounds were not met. The Court nevertheless recalled that EU law permits Member States to impose sanctions in the event of serious breaches of the rules governing reception facilities. A persistent refusal, without legitimate justification, to comply with a transfer decision to accommodation appropriate to the applicant’s circumstances may undermine the effective management of reception capacities and therefore constitute such a breach.
However, the Court emphasised that any sanction must comply with the principle of proportionality and must respect the dignity of the applicant. In particular, it cannot result in the complete withdrawal of material reception conditions or deprive the person concerned of the means to meet basic needs, such as housing, food and clothing. This requirement applies with particular force where the applicants concerned are vulnerable persons, including a single parent accompanied by a minor child.
For further information, please read the press release from the Court of Justice of the European Union below. For further details, please find the judgment and other related documents on this page.