The case concerns a Tunisian asylum-seeker and his child in Italy whose material reception conditions were withdrawn after he repeatedly refused to relocate to another reception centre. The referring court asked whether Article 20 of the Reception Conditions Directive (RCD) allows national authorities to withdraw reception conditions, after an individualized assessment, when the applicant repeatedly refuses to move from their original reception centre to an equivalent one, where the transfer is ordered for administrative or capacity-related reasons.
The Court of Justice of the EU (CJEU) ruled that “abandon” in Article 20(1)(a) RCD means voluntarily leaving the assigned residence for a prolonged period or permanently without informing or seeking permission from the authorities. Therefore, an applicant who remains in an accommodation centre but refuses to comply with a transfer decision does not “abandon” their place of residence.
The Court clarified that transfers between centres are allowed under Article 18(6) RCD for suitability or capacity reasons, or under Article 20(4) RCD for sanctions after refusal to comply with a valid transfer decision. Any sanctions must ensure a dignified standard of living and must be proportionate and tailored to the applicant’s personal circumstances, with particular attention to vulnerable applicants and the best interests of the child. Total withdrawal of reception conditions for refusal to transfer is not permitted.
Read the full decision here.