EU Court Punishes the Netherlands for Not Putting Migrants First
15th May 2025
The Dutch government could be forced to pay more than €100 million in compensation to asylum seekers after a recent ruling by the European Court of Justice (ECJ), sharply reducing member states’ freedom to manage migration pressures on their own terms.
The ruling, issued on May 8th in the Zimir case, drastically narrows the conditions on which governments can delay asylum decisions, leaving the Dutch government legally exposed—and politically cornered. While public services are overwhelmed, Brussels punishes an EU member state for not giving absolute priority to people who are not even European citizens.
The decision directly affects around 18,000 asylum seekers who have been waiting between six and fifteen months for a resolution, far exceeding the six-month deadline established by EU law. If each of them claims the maximum compensation—€7,500—the total could easily surpass €100 million. This comes on top of nearly €37 million already paid out in similar penalties last year. Brussels shows little concern for the strain on Dutch public services—its main concern, it seems, is protecting the procedural rights of foreigners.
The ECJ made it clear that only a sudden and large-scale crisis—such as an armed conflict or an unforeseen influx—justifies extending the time limits. Gradual increases in asylum claims or a lack of staff are not acceptable reasons.