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On 18 December the Court of Justice of the European Union (CJEU) delivered its judgment in Case C‑184/24 (Sidi Bouzid). The case concerns AF and his minor child BF, applicants for international protection in Milan, who challenge the withdrawal of their material reception conditions following AF’s refusal to be transferred to another accommodation centre. The national authorities justified the withdrawal under Article 23(1)(a) of Legislative Decree No 142 as an administrative measure related to the organization of reception centres, while AF argues it violates his and his child’s rights to basic needs and protection as vulnerable persons under Directive 2013/33 (the recast RCD). The regional administrative court for Lombardia has referred a preliminary question to the Court of Justice asking whether EU law precludes withdrawal of reception conditions, not as a sanction but because of a refusal to transfer, where this leaves applicants unable to meet basic needs, provided the authority ensures equivalent conditions at another centre. 

While referring to the relevant case-law (Haqbin, Ministero dell’Interno), the Court emphasized that “material reception conditions” include housing, food, clothing, and daily expenses allowances. These conditions must guarantee a dignified standard of living, particularly for vulnerable persons such as minors or single parents, in accordance with Articles 17 and 21 of the recast RCD. While Article 20 permits withdrawal or reduction of reception conditions in cases of abuse, including when an applicant abandons the designated place of residence without informing the authorities, a refusal to transfer to another accommodation centre does not constitute “abandonment,” as the applicant remains present and traceable, and therefore the withdrawal of all material reception conditions is not allowed under Article 20(1)(a).  

The Court confirmed that repeated refusal to comply with a transfer decision may constitute a serious breach of the rules of an accommodation centre under Article 20(4), which can justify the imposition of proportionate sanctions, including partial reduction of material reception conditions, provided that the applicant’s dignity and fundamental rights are respected. In assessing such breaches, Member States must consider the nature and persistence of the conduct, its impact on the management of reception centres, and the applicant’s particular circumstances. The Court stressed that the competent authorities retain the power to implement necessary transfers to ensure the effective management of reception facilities, while upholding the applicant’s fundamental rights and maintaining equivalent reception conditions in the new centre. 

On that basis, the Court concluded that the national legislation at issue precludes the competent authority from withdrawing all material reception conditions from an applicant who refuses transfer to another accommodation centre, while confirming that partial sanctions may be imposed if the conditions of Article 20(4) and (5) are met.