JUDGMENT OF 25. 7. 2018 — CASE C-585/16 ALHETO the contested decision. However, based on the assumption that the national provision that has in the meantime transposed that ground of inadmissibility is nevertheless applicable ratione temporis to the main proceedings, an assumption which it is for the referring court alone to confirm, that court correctly asks whether it may, in the context of a full and ex nunc examination, as laid down in Article 46(3) of Directive 2013/32, assess the admissibility of the application for international protection at issue in the main proceedings in the light of such a ground of inadmissibility and, if so, what scope should be afforded to that ground of inadmissibility. The first question 82 By its first question, the referring court asks, in essence, whether Article 12(1)(a) of Directive 2011/95, read in conjunction with Article 10(2) of Directive 2013/32, must be interpreted as meaning that the processing of an application for international protection lodged by a person registered with UNRWA requires an examination as to whether that person benefits from effective protection or assistance from that agency. 83 As is apparent from the order for reference, this question arises on account of the fact that the Deputy Director of the DAB failed specifically to examine, in the contested decision, whether the protection or assistance which the applicant in the main proceedings received from UNRWA in the area of operations of that agency had ceased, in circumstances where, had that fact been established, she would potentially have been eligible, in Bulgaria, for refugee status in accordance with Article 1(D) of the Geneva Convention and Article 12(1)(a) of Directive 2011/95. 84 In that regard, it must be noted, as was recalled in paragraphs 6 and 7 of the present judgment, that UNRWA is an agency of the United Nations which was established to protect and assist, in the Gaza Strip, the West Bank, Jordan, Lebanon and Syria, Palestinians who are ‘Palestine refugees’. It follows that a person, such as the applicant in the main proceedings, who is registered with UNRWA, is eligible to receive protection and assistance from that agency in the interests of her well-being as a refugee. 85 On account of that specific refugee status established in those territories of the Near East for Palestinians, persons registered with UNRWA are, in principle, by virtue of the first sentence of Article 12(1)(a) of Directive 2011/95, which corresponds to the first paragraph of Article 1(D) of the Geneva Convention, excluded from refugee status in the European Union. That said, it follows from the second sentence of Article 12(1)(a) of Directive 2011/95, which corresponds to the second paragraph of Article 1(D) of the Geneva Convention, that, when an applicant for international protection in the European Union no longer receives protection or assistance from UNRWA, that exclusion ceases to apply. 86 As the Court has held, the second sentence of Article 12(1)(a) of Directive 2011/95 applies where it becomes evident, based on an assessment, on an individual basis, of all the relevant evidence, that the personal safety of the Palestinian concerned is at serious risk and that it is impossible for UNRWA, whose assistance was requested by that person, to guarantee that the living conditions of that individual would be compatible with its mission, and that person is forced to leave the UNRWA area of operations owing circumstances beyond his control. In that case, that Palestinian may, unless he or she falls within the scope of any of the grounds for exclusion set out in Article 12(1)(b), Article 12(2) and Article 12(3) of that directive, ipso facto be entitled to the benefits of that directive, without necessarily having to demonstrate a well-founded fear of being persecuted, within the meaning of Article 2(d) of that directive, until the time when he is able to return to the territory of former habitual residence (judgment of 19 December 2012, Abed El Karem El Kott and Others, C-364/11, EU:C:2012:826, paragraphs 49 to 51, 58 to 65, 75 to 77 and 81). ECLI:EU:C:2018:584 17

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