JUDGMENT
44
OF
25. 7. 2018 — CASE C-585/16
ALHETO
Article 12(1) of the ZUB provides as follows:
‘The status of refugee shall not be granted to foreign nationals:
…
4. who are receiving protection or assistance from organs or agencies of the United Nations other than
the United Nations High Commissioner for Refugees; when such protection or assistance has not
ceased, without the position of such persons being definitively settled in accordance with a relevant
resolution adopted by the United Nations, those persons shall ipso facto be entitled to the benefits of
the [Geneva Convention];
…’
45
The ZUB, in the version preceding the transposition into Bulgarian law of Directives 2011/95
and 2013/32, provided, in Article 12(1) thereof:
‘The status of refugee shall not be granted to foreign nationals:
…
4. who are receiving protection or assistance from organs or agencies of the United Nations other than
the United Nations High Commissioner for Refugees and such protection or assistance has not ceased,
without the position of such persons being definitively settled in accordance with a relevant resolution
adopted by the United Nations;
…’
46
Article 13(2) of the ZUB provides:
‘Procedures for the grant of international protection shall not be initiated, or shall be terminated where
the foreign national:
…
2. has been granted refugee status by a third country or another form of effective protection which
includes observance of the principle of non-refoulement and that status or protection has not been
withdrawn, provided that the person will be re-admitted into that country;
3. comes from a safe third country, provided that the person will be re-admitted into that country.’
47
The ZUB, in the version preceding the transposition into Bulgarian law of Directives 2011/95
and 2013/32, provided, in Article 13(2) thereof:
‘The procedure for the grant of refugee status or humanitarian status shall not be initiated or shall be
terminated where the refugee has:
…
2. the status of refugee granted by a safe third country, provided that the person will be re-admitted
into that country.’
ECLI:EU:C:2018:584
11