K v Landkreis Gifhorn, Request for a preliminary ruling from the Amtsgericht Hannover, Case C-519/20
La demande de décision préjudicielle porte sur l’interprétation de l’article 16, paragraphe 1, et de l’article 18 de la directive 2008/115/CE du Parlement européen et du Conseil, du 16 décembre 2008, relative aux normes et procédures communes applicables dans les États membres au retour des ressortissants de pays tiers en séjour irrégulier (JO 2008, L 348, p. 98). 10 March 2022 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Emergency legislation - Expulsion - Prison or detention conditions | Countries: Germany - Pakistan |
Bundesrepublik Deutschland v SE,Case C-768/19
The request for a preliminary ruling concerns the interpretation of Article 2 (j) of Directive 2011/95 / EU of the European Parliament and of the Council of 13 December 2011 concerning the standards relating to the conditions to be met by third country nationals or stateless persons in order to benefit from international protection, to a uniform status for refugees or persons eligible for subsidiary protection, and to the content of this protection 9 September 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Afghanistan - Germany |
DN v Bundesrepublik Deutschland
On those grounds, the Court (Third Chamber) hereby rules: 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. 10 June 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Generalized violence - International protection | Countries: Afghanistan - Germany |
L.R. v Bundesrepublik Deutschland
On those grounds, the Court (Fourth Chamber) hereby rules: Article 33(2)(d) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in conjunction with Article 2(q) thereof, must be interpreted as precluding legislation of a Member State which provides for the possibility of rejecting as inadmissible an application for international protection, within the meaning of Article 2(b) of that directive, made to that Member State by a third-country national or a stateless person whose previous application seeking the grant of refugee status, made to a third State implementing Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, in accordance with the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway – Declarations, had been rejected by that third State. 20 May 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Access to procedures - Secondary movement | Countries: Germany - Iran, Islamic Republic of |
Opinion of Advocate General Pikamae, delivered on 11 February 2021, Case C‑901/19, CF, DN v. Bundesrepublik Deutschland
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. 24 February 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): EU Qualification Directive | Countries: Afghanistan - Germany |
Bundesrepublik Deutschland v XT, Case C‑507/19, Request for a preliminary ruling
1. The second sentence of Article 12(1)(a) 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 meaning that, in order to determine whether the protection or assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has ceased, it is necessary to take into account, as part of an individual assessment of all the relevant factors of the situation in question, all the fields of UNRWA’s area of operations which a stateless person of Palestinian origin who has left that area has a concrete possibility of accessing and safely remaining therein. 2. The second sentence of Article 12(1)(a) of Directive 2011/95 must be interpreted as meaning that UNRWA’s protection or assistance cannot be regarded as having ceased where a stateless person of Palestinian origin left the UNRWA area of operations from a field in that area in which his or her personal safety was at serious risk and in which UNRWA was not in a position to provide that individual with protection or assistance, first, if that individual voluntarily travelled to that field from another field in that area in which his or her personal safety was not at serious risk and in which he or she could receive protection or assistance from UNRWA and, secondly, if he or she could not reasonably expect, on the basis of the specific information available to him or her, to receive protection or assistance from UNRWA in the field to which he or she travelled or to be able to return at short notice to the field from which he or she came, which is for the national court to verify. 13 January 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Exclusion clauses - Palestinian - Statelessness | Countries: Germany - Lebanon - Syrian Arab Republic |
EZ v Bundesrepublik Deutschland, Case C‑238/19, request for preliminary ruling
This request for a preliminary ruling concerns the interpretation of Article 9(2)(e) and (3) 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 (OJ 2011 L 337, p. 9). 19 November 2020 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Germany - Syrian Arab Republic |
Opinion of Advocate General Tanchev delivered on 1 October 2020 in Case C-507/19
1 October 2020 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Article 1D - Palestinian - UNRWA | Countries: Germany - Lebanon - Palestine, State of - Syrian Arab Republic |
Opinion of Advocate General Sharpston in Case C‑238/19 EZ v Federal Republic of Germany, represented by the Bundesamt für Migration und Flüchtlinge (Request for a preliminary ruling from the Verwaltungsgericht Hannover (Administrative Court, Hanover, Germany))
Article 9(3) 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 is to be interpreted as meaning that there must always be a causal link between the reasons for persecution in Article 10(1) and the acts of persecution defined in Article 9(1), including in cases where an applicant for international protection seeks to rely on Article 9(2)(e) of that directive. – Where an applicant for asylum seeks to invoke Article 9(2)(e) of Directive 2011/95 as the act of persecution, reliance upon that provision does not automatically establish that the person concerned has a well-founded fear of persecution because he holds a political opinion within the meaning of Article 10(1)(e) thereof. It is for the competent national authorities, acting under the supervision of the courts, to establish whether there is a causal link for the purposes of that directive. In conducting that assessment the following factors may be relevant: whether the applicant’s home country is conducting a war; the nature and methods employed by the military authorities in such a war; the availability of country reports documenting matters such as whether recruitment for military service is by conscription; whether the status of conscientious objector is recognised under national law and, if so, the procedures for establishing such status; the treatment of those subject to conscription who refuse to perform military service; the existence or absence of alternatives to military service; and the applicant’s personal circumstances, including his age. 28 May 2020 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2004 Qualification Directive (EU) | Topic(s): EU Qualification Directive - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: Germany - Syrian Arab Republic |
Bundesrepublik Deutschland gegen Adel Hamed (C‑540/17), Amar Omar (C‑541/17) (Vorlage zur Vorabentscheidung)
13 November 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Decision on admissibility - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures | Countries: Germany - Syrian Arab Republic |