The Dutch Council of State formulated prejudicial questions in November 2015
about the European Reception Conditions Directive. It wanted to know if keeping foreigners in custody, under Article 8(3), (e) of the directive is incompatible with the EU Charter of the Fundamental Rights. The court ruled that Union law allows the custody of a foreigner when required by national safety or public order. Applying for a new asylum request "against whom a return decision has already been issued" does not imply the cancellation of this decision nor that the foreigner may not be kept in custody.