German benefit cuts for rejected asylum seekers violate EU law, the European Union's top court ruled on Thursday.
The European Court of Justice found that basic provisions such as clothing and household goods may not be withdrawn even from asylum seekers for whom another EU member state is responsible.
Under current EU rules, member states are required to guarantee asylum seekers an "adequate standard of living" that also protects applicants' physical and mental health.
The case was brought by a young Afghan man who was due to be deported to Romania and whose benefits were cut in 2022 as a result. He took legal action against the southern German district of Schweinfurt.
While he was being provided with food, heated accommodation and basic hygiene and healthcare, he received no support for clothing or household products. The case was referred to the ECJ.
The Luxembourg-based judges made two points: first, that clothing is among the "most elementary needs," and second, that cash payments for daily necessities - such as public transport tickets, means of communication or personal hygiene products - are necessary to ensure a "minimum level of participation in social and cultural life."
The German benefit rules at issue in the case were tightened further in 2024: under current rules, benefits can now be cut entirely once it has been established that another member state is responsible for an asylum seeker and that the individual must leave.
That approach is likely to be even less compatible with Thursday's ruling.
However, the existing EU Reception Directive, which sets out the rules on benefits, is due to be replaced on June 12 by new rules under a far-reaching reform of the Common European Asylum System (CEAS).
These explicitly permit benefit restrictions when asylum seekers are present in a member state other than the one responsible for them.
Under the new rules, "a minimum standard in line with EU law must be guaranteed," according to Constantin Hruschka, a German expert in social law.
