Case Law

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 | Topic(s): Generalized violence - International protection | Countries: Afghanistan - Germany

18 February 2020 | Judicial Body: Ireland: High Court | Topic(s): Gender-based persecution - International protection - Trafficking in persons | Countries: Ireland - Nigeria

14 July 2017 | Judicial Body: Italy: Courts of First Instance | Topic(s): International protection - Trafficking in persons | Countries: Italy - Nigeria

20 April 2016 | Judicial Body: Finland: Supreme Administrative Court | Topic(s): Burden-sharing and international co-operation - International protection - Non-refoulement - Regional instruments | Countries: Afghanistan - Finland - Hungary - Serbia

19 August 2014 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Topic(s): Asylum-migration nexus - Asylum-seekers - Children's rights - Immigration Detention - International protection - Migrant rights - Migrants - Non-refoulement - Prison or detention conditions - Refugee status determination (RSD) / Asylum procedures - Right to liberty and security - Rule of law / Due process / Procedural fairness

20 June 2014 | Judicial Body: Australia: High Court | Topic(s): International protection - Refugee / Asylum law | Countries: Australia - Pakistan

20 June 2014 | Judicial Body: Australia: High Court | Topic(s): International protection - Refugee / Asylum law | Countries: Australia - Ethiopia

8 May 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - International protection - Refugee status determination (RSD) / Asylum procedures - Regional instruments - Single procedure | Countries: Ireland - Pakistan

12 December 2013 | Judicial Body: France: Cour nationale du droit d'asile | Topic(s): Generalized violence - International protection - Mandate status - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - UNHCR mandate | Countries: Congo, Democratic Republic of the - France

Summary of the Judgment

25 November 2013 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Legal Instrument: 1969 American Convention on Human Rights | Topic(s): Access to procedures - Cessation clauses - Denial of refugee status - International protection - Non-refoulement - Refugee status determination (RSD) / Asylum procedures - Regional instruments - Rule of law / Due process / Procedural fairness - State protection - Voluntary repatriation | Countries: Bolivia