Official Journal of the European Union

C 279/5

(Case C-373/13) (<span class="oj-super oj-note-tag">1</span>)

((Reference for a preliminary ruling - Area of freedom, security and justice - Borders, asylum and immigration - Directive 2004/83/EC - Article 24(1) - Minimum standards for granting refugee or subsidiary protection status - Revocation of residence permit - Conditions for revocation of residence permit - Concept of ‘compelling reasons of national security or public order’ - Participation of a person with refugee status in the activities of an organisation entered in the list of terrorist organisations drawn up by the European Union))

(2015/C 279/05)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: H.T.

Defendant: Land Baden-Württemberg

Operative part of the judgment

1.Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted must be interpreted as meaning that a residence permit, once granted to a refugee, may be revoked, either pursuant to Article 24(1) of that directive, where there are compelling reasons of national security or public order within the meaning of that provision, or pursuant to Article 21(3) of that directive, where there are reasons to apply the derogation from the principle of non-refoulement laid down in Article 21(2) of the same directive;

2.Support for a terrorist organisation included on the list annexed to Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism, in the version in force at the material date, may constitute one of the ‘compelling reasons of national security or public order’ within the meaning of Article 24(1) of Directive 2004/83, even if the conditions set out in Article 21(2) of that directive are not met. In order to be able to revoke, on the basis of Article 24(1) of that directive, a residence permit granted to a refugee on the ground that that refugee supports such a terrorist organisation, the competent authorities are nevertheless obliged to carry out, under the supervision of the national courts, an individual assessment of the specific facts concerning the actions of both the organisation and the refugee in question. Where a Member State decides to expel a refugee whose residence permit has been revoked, but suspends the implementation of that decision, it is incompatible with that directive to deny access to the benefits guaranteed by Chapter VII of the same directive, unless an exception expressly laid down in the directive applies.

(<span class="oj-super">1</span>) OJ C 325, 9.11.2013.