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1
This request for a preliminary ruling concerns the interpretation of Articles 2(f) and 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 (OJ 2011 L 337, p. 9).
2
The request has been made in two sets of proceedings brought by CF and DN, two Afghan
nationals, against the Bundesrepublik Deutschland (Federal Republic of Germany), represented by
the Bundesminister des Innern, für Bau und Heimat (Federal Minister for the Interior, Building and
Community, Germany), represented by the head of the Bundesamt für Migration und Flüchtlinge
(Federal Office for Migration and Refugees, Germany), concerning the rejection by the latter of the
asylum applications of CF and DN.
Legal context
EU law
3
Recitals 6, 12, 13 and 33 to 35 of Directive 2011/95 state:
‘(6)
The Tampere conclusions … provide that rules regarding refugee status should be
complemented by measures on subsidiary forms of protection, offering an appropriate status
to any person in need of such protection.
…
(12)
The main objective of this Directive is, on the one hand, to ensure that Member States apply
common criteria for the identification of persons genuinely in need of international protection,
and, on the other hand, to ensure that a minimum level of benefits is available for those
persons in all Member States.
(13)
The approximation of rules on the recognition and content of refugee and subsidiary
protection status should help to limit the secondary movement of applicants for international
protection between Member States, where such movement is purely caused by differences in
legal frameworks.
…
4
(33)
Standards for the definition and content of subsidiary protection status should also be laid
down. Subsidiary protection should be complementary and additional to the refugee protection
enshrined in the [Convention relating to the Status of Refugees, signed in Geneva on 28 July
1951].
(34)
It is necessary to introduce common criteria on the basis of which applicants for
international protection are to be recognised as eligible for subsidiary protection. Those
criteria should be drawn from international obligations under human rights instruments and
practices existing in Member States.
(35)
Risks to which a population of a country or a section of the population is generally exposed
do normally not create in themselves an individual threat which would qualify as serious
harm.’
Article 2 of that directive, entitled ‘Definitions’, provides:
‘For the purposes of this Directive the following definitions shall apply:
(a)
“international protection” means refugee status and subsidiary protection status as defined in
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