JUDGMENT
OF
25. 7. 2018 — CASE C-585/16
ALHETO
– the European Commission, by M. Condou-Durande, C. Georgieva-Kecsmar and I. Zaloguin, acting
as Agents,
after hearing the Opinion of the Advocate General at the sitting on 17 May 2018,
gives the following
Judgment
1
This request for a preliminary ruling concerns the interpretation of Article 12(1) 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), and Article 35 and Article 46(3) 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 (OJ 2013 L 180, p. 60).
2
The request has been made in proceedings between Ms Serin Alheto and the zamestnik-predsedatel na
Darzhavna agentsia za bezhantsite (Deputy Chairperson of the State Agency for Refugees, Bulgaria, ‘the
DAB’) concerning the latter’s refusal to grant the application for international protection made by
Ms Alheto.
Legal context
International law
The Geneva Convention
3
4
5
The Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951 (United Nations
Treaty Series, vol. 189, p. 150, No 2545 (1954)), entered into force on 22 April 1954. It was
supplemented and amended by the Protocol Relating to the Status of Refugees, concluded in New
York on 31 January 1967, which entered into force on 4 October 1967 (‘the Geneva Convention’).
Article 1(A) of the Geneva Convention, in the definition it provides of the term ‘refugee’, refers inter
alia to the risk of persecution.
Article 1(D) of that convention states:
‘This Convention shall not apply to persons who are at present receiving from organs or agencies of
the United Nations other than the United Nations High Commissioner for Refugees protection or
assistance.
When such protection or assistance has ceased for any reason, without the position of such persons
being definitively settled in accordance with the relevant resolutions adopted by the General Assembly
of the United Nations, these persons shall ipso facto be entitled to the benefits of this Convention.’
2
ECLI:EU:C:2018:584