The applicant had entered France and submitted an asylum application. He was under Dublin proceedings when he was expelled from the territory to Italy. The Court found that the applicant has the right to remain on the territory for the duration of the procedure and cannot be denied entry. Contrary to this, the authorities created a state of urgency in accordance to the French Administrative Code and constitutes a serious and manifestly unlawful infringement of the fundamental freedom that constitutes the right of asylum.