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Case C-901/19: Judgment of the Court (Third Chamber) of 10 June 2021 (request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg — Germany) — CF, DN v Bundesrepublik Deutschland (Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Directive 2011/95/EU — Conditions for granting subsidiary protection — Article 15(c) — Concept of ‘serious and individual threat’ to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict — National legislation requiring a minimum number of civilian casualties (killed and injured) in the relevant region)
ECLI:EU:UNKNOWN:62019CA0901
62019CA0901
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26.7.2021
Official Journal of the European Union
C 297/9
(Case C-901/19)
(Reference for a preliminary ruling - Common policy on asylum and subsidiary protection - Directive 2011/95/EU - Conditions for granting subsidiary protection - Article 15(c) - Concept of ‘serious and individual threat’ to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict - National legislation requiring a minimum number of civilian casualties (killed and injured) in the relevant region)
(2021/C 297/07)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: CF, DN
Defendant: Bundesrepublik Deutschland
Operative part of the judgment
1.Article 15(c) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, must be interpreted as precluding the interpretation of national legislation according to which, where a civilian is not specifically targeted by reason of factors particular to his or her personal circumstances, a finding of serious and individual threat to that civilian’s life or person by reason of ‘indiscriminate violence in situations of … armed conflict’, within the meaning of that provision, is subject to the condition that the ratio between the number of casualties in the relevant area and the total number of individuals composing the population of that area reach a fixed threshold.
2.Article 15(c) of Directive 2011/95 must be interpreted as meaning that, in order to determine whether there is a ‘serious and individual threat’, within the meaning of that provision, a comprehensive appraisal of all the circumstances of the individual case, in particular those which characterise the situation of the applicant’s country of origin, is required.
(1)
OJ C 87, 16.3.2020.