In this case, the Court considered that the minimum reception conditions of asylum-seekers, including housing, remain a duty for a Member State in receipt of an application for asylum, even where another Member State is finally to take charge of the applicant. This obligation only ceases "when that applicant has actually been transferred by the requesting Member State" and when the financial burden of granting minimum reception conditions is to be assumed by the requesting Member State (para. 58, 61). This follows from Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, whose Article 13(1) reads: "Member States shall ensure that material reception conditions are available to applicants when they make their application for asylum", these material reception conditions including housing according to Article 2(j) of the Directive.
Edited by Cecile Benoliel
