Cimade, Groupe d'information et de soutien des immigrés (GISTI) v Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration, C-179/11

On those grounds, the Court (Fourth Chamber) hereby rules:
1. Council Directive 2003/9/EC of 27 January 2003 laying down minimum
standards for the reception of asylum seekers in the Member States must be
interpreted as meaning that a Member State in receipt of an application for
asylum is obliged to grant the minimum conditions for reception of asylum
seekers laid down in Directive 2003/9 even to an asylum seeker in respect of
whom it decides, under Council Regulation (EC) No 343/2003 of 18 February
2003 establishing the criteria and mechanisms for determining the Member
State responsible for examining an asylum application lodged in one of the
Member States by a third-country national, to call upon another Member
State, as the Member State responsible for examining his application for
asylum, to take charge of or take back that applicant.
2. The obligation on a Member State in receipt of an application for asylum to
grant the minimum reception conditions laid down in Directive 2003/9 to an
asylum seeker in respect of whom it decides, under Regulation No 343/2003,
to call upon another Member State, as the Member State responsible for
examining his application for asylum, to take charge of or take back that
applicant, ceases when that same applicant is actually transferred by the
requesting Member State, and the financial burden of granting those
minimum conditions is to be assumed by that requesting Member State,
which is subject to that obligation.