Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/09/2023

Subject: According to the Court, in order to determine whether an applicant for international protection is eligible for subsidiary protection, the competent national authority must examine all the relevant factors, relating both to the individual position and personal circumstances of the applicant other than the mere fact of coming from an area of a given country where ‘the most extreme cases of general violence’, and to the general situation in the country of origin, before identifying the type of serious harm that those factors may potentially substantiate. According to the Court, the intensity of the indiscriminate violence occurring in the applicant’s country of origin is not capable of weakening the requirement of individualisation of the serious harm defined in Directive 2011/95

Parties: Staatssecretaris van Justitie en Veiligheid (Notion d’atteintes graves)

Classification: Freedoms - Art. 18 Refugees

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