Title	Opinion of Advocate General Pikamae, delivered on 11 February 2021, Case C‑901/19, CF, DN v. Bundesrepublik Deutschland
Publisher	European Union: Court of Justice of the European Union
Publication Date	24 February 2021
Country	Afghanistan | Germany
Topics	EU Qualification Directive
Citation / Document Symbol	ECLI:EU:C:2021:116
Cite as	Opinion of Advocate General Pikamae, delivered on 11 February 2021, Case C‑901/19, CF, DN v. Bundesrepublik Deutschland, ECLI:EU:C:2021:116, European Union: Court of Justice of the European Union, 24 February 2021, available at: https://www.refworld.org/cases,ECJ,6036977d4.html [accessed 6 November 2021]
Comments	In the light of the foregoing considerations, I propose that the Court should answer the first and second questions referred for a preliminary ruling by the Verwaltungsgerichtshof Baden-Württemberg (Higher Administrative Court, Baden-Württemberg, Germany) as follows: 1. Article 15(c), read in conjunction with Article 2(f), 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 a national practice whereby a finding of serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict, within the meaning of that provision, can be made, in a case where that civilian is not specifically targeted by reason of factors particular to his or her circumstances, only if the ratio between the number of casualties in the area in question and the total number of individuals making up the population of that area reaches a fixed threshold. 2. In order to verify the level of the degree of indiscriminate violence of the armed conflict, for the purposes of determining whether there is a real risk of serious harm within the meaning of Article 15(c) of Directive 2011/95, it is necessary to carry out a comprehensive assessment, both quantitative and qualitative in nature, of all relevant facts characterising that conflict, based on the collection of objective, reliable and up-to-date information including, in particular, the geographical scope of the situation of indiscriminate violence, the actual destination of the applicant in the event that he or she is returned to the relevant country or region, the intensity of the armed confrontations, the duration of the conflict, the level of organisation of the armed forces involved, the number of civilians killed, injured or displaced as a result of the fighting, and the nature of the methods or tactics of warfare employed by the parties to the conflict.
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