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Case C-901/19: Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg (Germany) lodged on 10 December 2019 — CF, DN v Bundesrepublik Deutschland

ECLI:EU:UNKNOWN:62019CN0901

62019CN0901

December 10, 2019
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16.3.2020

Official Journal of the European Union

C 87/7

(Case C-901/19)

(2020/C 87/10)

Language of the case: German

Referring court

Parties to the main proceedings

Applicants: CF, DN

Defendant: Bundesrepublik Deutschland

Questions referred

1.Do Article 15(c) and Article 2(f) of Directive 2011/95/EU (1) preclude the interpretation and application of a provision of national law whereby a serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict (in the sense that a civilian would, solely on account of his presence in the relevant region, face a real risk of being subject to such a threat), in cases in which that person is not specifically targeted by reason of factors particular to his personal circumstances, can only exist where a minimum number of civilian casualties (killed and injured) has already been established?

2.If the answer to Question 1 is in the affirmative: Must the assessment as to whether a threat exists in that sense be conducted on the basis of a comprehensive appraisal of all the circumstances of the individual case? If not: Which other requirements of EU law apply to that assessment?

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 (OJ 2011 L 337, p. 9).

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