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frameworks of the Member States.
37
In the light of all of the foregoing considerations, the answer to the first question is that
Article 15(c) of Directive 2011/95 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.
The second question
38
By its second question, the referring court asks, in essence, whether 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 is required, and, if that is not the case, what other requirements
must be fulfilled for that purpose.
39
In order to answer that question, it must be noted, as a preliminary point, as the Advocate General,
in essence, observed in point 56 of his Opinion, that the concept of ‘serious and individual threat’ to
the life or person of the applicant for subsidiary protection, within the meaning of Article 15(c) of
Directive 2011/95, must be interpreted broadly.
40
Thus, in order to determine whether there is a ‘serious and individual threat’, within the meaning of
Article 15(c) of Directive 2011/95, a comprehensive appraisal of all the relevant circumstances of
the individual case is required, in particular those which characterise the situation of the applicant’s
country of origin.
41
As regards an application for international protection made under Article 15(c) of Directive
2011/95, even if that application does not rely on factors specific to the applicant’s situation, it
follows from Article 4(3) of that directive that such an application must be subject to an individual
assessment, in respect of which a whole series of factors must be taken into account.
42
Those factors include, in particular, under Article 4(3)(a) of that directive, ‘all relevant facts as they
relate to the country of origin at the time of taking a decision on the application’.
43
More specifically, as the Advocate General observed, in essence, in points 56 and 59 of his
Opinion, the elements to be taken into account in assessing whether there is a real risk of serious
harm, within the meaning of Article 15(c) of Directive 2011/95 may also include the intensity of the
armed confrontations, the level of organisation of the armed forces involved, and the duration of the
conflict (see, to that effect, judgment of 30 January 2014, Diakité, C‑285/12, EU:C:2014:39,
paragraph 35), as well as other elements such as the geographical scope of the situation of
indiscriminate violence, the actual destination of the applicant in the event that he or she is returned
to the relevant country or region and potentially intentional attacks against civilians carried out by
the parties to the conflict.
44
It follows that the systematic application by the competent authorities of a Member State of a
criterion, such as a minimum number of civilian casualties injured or deceased, in order to
determine the intensity of an armed conflict, without examining all the relevant circumstances
which characterise the situation of the country of origin of the applicant for subsidiary protection, is
contrary to the provisions of Directive 2011/95, in so far as it may lead those authorities to refuse to
grant that protection in breach of the Member States’ obligation to identify persons genuinely in
need of that protection.
45
In the light of the foregoing considerations, the answer to the second question is that Article 15(c)
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