The Court of Justice of the European Union has ruled that Member States may not invoke an unforeseeable influx of asylum applications to justify failing to meet their legal obligation to provide material reception conditions ensuring an adequate standard of living. Such failures may give rise to State liability under EU law.
The case involved two asylum seekers in Ireland, an Afghan and an Indian national, who were left without shelter or basic support after Irish authorities declined to provide accommodation, citing capacity exhaustion linked to the influx of Ukrainian nationals. The applicants, who received only a single €25 voucher each, were ineligible for the daily expenses allowance provided for by Irish law and were forced to live on the streets as they were deemed ineligible for local council homeless accommodation.
The individuals brought proceedings before the Irish High Court in order to obtain compensations for the damage they claim to have suffered as a result. The High Court referred questions to the Court of Justice about the liability of the State.
The Court of Justice rejected Ireland’s plea of force majeure, finding that while temporary exhaustion of housing capacity may trigger limited derogations under the Reception Conditions Directive, the State is still obliged to meet applicants’ basic needs. It emphasised that this duty stems from both the Directive and the Charter of Fundamental Rights and cannot be displaced by logistical challenges.
The judgment affirms that a failure to provide adequate reception conditions, even if temporary, constitutes a sufficiently serious breach of EU law. Such breaches may trigger the right to compensation for affected individuals.
The Irish Refugee Centre’s Independent Law Centre, which represented one of the applicants, welcomed the ruling. Katie Mannion, Managing Solicitor of the Irish Refugee Council Independent Law Centre stated:
“This is an important decision for all vulnerable groups, because the CJEU has again confirmed that individuals whose rights are breached by the State, can access a remedy, and that the State must be held accountable. Today reminds us that the law exists to protect us all at our most vulnerable.”
Nick Henderson, CEO of the Irish Refugee Council said:
“The case is not about the balancing of the rights of two different groups people. It is about holding states to account when the state is responsible for a breach of rights and significant damage or harm flows from that breach.”
“As of 30 July there are 942 people seeking protection who are awaiting an offer of accommodation. More than 2,400 people have been refused reception conditions so far in 2025. While the time a person has to sleep rough has decreased considerably, people continue to have to demonstrate their eligibility for accommodation by sleeping rough. In recent weeks, there has been a tangible increase in risk: tents have been slashed, camping spaces fenced off, and social media posts have circulated showing tents being filmed, accompanied by inflammatory commentary and threatening symbols such as flames.”
Click here to read the Court of Justice’s full decision.
Click here to read the statement from the Irish Refugee Council.