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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.
Costs
46
Since these proceedings are, for the parties to the main proceedings, a step in the action pending
before the referring court, the decision on costs is a matter for that court. Costs incurred in
submitting observations to the Court, other than the costs of those parties, are not recoverable.
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.
[Signatures]
*
Language of the case: German.
05/10/2021, 12:08