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Case C-422/21: Judgment of the Court (Tenth Chamber) of 1 August 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Ministero dell’Interno v TO (Reference for a preliminary ruling — Applicants for international protection — Directive 2013/33/EU — Article 20(4) and (5) — Seriously violent behaviour — Member States’ right to determine the sanctions applicable — Scope — Withdrawal of material reception conditions)
ECLI:EU:UNKNOWN:62021CA0422
62021CA0422
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24.10.2022
Official Journal of the European Union
C 408/22
(Case C-422/21) (*)
(Reference for a preliminary ruling - Applicants for international protection - Directive 2013/33/EU - Article 20(4) and (5) - Seriously violent behaviour - Member States’ right to determine the sanctions applicable - Scope - Withdrawal of material reception conditions)
(2022/C 408/25)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: Ministero dell’Interno
Respondent: TO
Operative part of the judgment
1.Article 20(4) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection must be interpreted as applying to seriously violent behaviour engaged in outside an accommodation centre.
2.Article 20(4) and (5) of Directive 2013/33 must be interpreted as precluding the imposition, on an applicant for international protection who has engaged in seriously violent behaviour against public officials, of a sanction consisting in the withdrawal of material reception conditions, within the meaning of Article 2(f) and (g) of that directive, relating to housing, food or clothing, in so far as it would have the effect of depriving the applicant of the possibility of meeting his or her most basic needs. The imposition of other sanctions under Article 20(4) of the directive must, in all circumstances, comply with the conditions laid down in Article 20(5) thereof, including those concerning the principle of proportionality and respect for human dignity.
(*)
Language of the case: Italian