Title DN v Bundesrepublik Deutschland
Publisher European Union: Court of Justice of the European Union
Publication Date 10 June 2021
Country Afghanistan | Germany
Topics Generalized violence | International protection
Citation / Document Symbol ECLI:EU:C:2021:472
Related Document(s) Opinion of Advocate General Pikamae, delivered on 11 February 2021, Case C‑901/19, CF, DN v. Bundesrepublik Deutschland
Cite as DN v Bundesrepublik Deutschland, ECLI:EU:C:2021:472, European Union: Court of Justice of the European Union, 10 June 2021, available at: https://www.refworld.org/cases,ECJ,60cb5cc74.html [accessed 17 May 2023]
Comments 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.
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