JUDGMENT OF 13. 1. 2021 – CASE C-507/19
BUNDESREPUBLIK DEUTSCHLAND (REFUGEE STATUS OF A STATELESS PERSON
OF
PALESTINIAN
ORIGIN)
39
Directive 2011/95 must, for those reasons, be interpreted in the light of its general scheme and
purpose, and in a manner consistent with the Geneva Convention and the other relevant treaties
referred to in Article 78(1) TFEU. As is apparent from recital 16 in the preamble thereto, that
directive must also be interpreted in a manner consistent with the rights recognised by the Charter of
Fundamental Rights of the European Union (see, by analogy, judgments of 17 June 2010, Bolbol,
C-31/09, EU:C:2010:351, paragraph 38; 19 December 2012, Abed El Karem El Kott and Others,
C-364/11, EU:C:2012:826, paragraph 43, and 1 March 2016, Alo and Osso, C-443/14 and C-444/14,
EU:C:2016:127, paragraph 29).
40
In addition, it should be borne in mind that Member States are required, under Article 46(3) of
Directive 2013/32, to order their national law in such a way that the processing of the appeals
referred to in that provision includes an examination, at least in appeals procedures before a court or
tribunal of first instance, of all the facts and points of law necessary in order to make an up-to-date
assessment of the case at hand; the expression ‘ex nunc’ and the adjective ‘full’ contained in this
provision point to the obligation of the court or tribunal to make an assessment which takes into
account, where appropriate, both the evidence which the determining authority took into account or
should have taken into account and that which has arisen following the adoption of the decision under
appeal. The power of the court or tribunal to take into consideration new evidence on which that
authority has not taken a decision is consistent with the purpose of Directive 2013/32, which is
intended, inter alia, as can be seen from recital 18 thereto, to ensure that applications for
international protection are dealt with ‘as soon as possible …, without prejudice to an adequate and
complete examination being carried out’ (see, to that effect, judgment of 25 July 2018, Alheto,
C-585/16, EU:C:2018:584, paragraphs 109 to 113).
41
Lastly, it should be noted that the referring court bases its questions on the double premiss that it is
not for the Court to verify that XT, first, in accordance with the first sentence of Article 12(1)(a) of
Directive 2011/95, received protection or assistance from the UNRWA before travelling to Germany
and, secondly, left Syria because of the war taking place in that country.
42
However, as regards Article 14 of Directive 2011/95, which the referring court mentions, although it
follows from paragraph 3(a) of that provision, read in conjunction with Article 12(1)(a) of that
directive, that the possibility of receiving protection or assistance from UNRWA may justify the
revocation of refugee status after it has been granted, a possibility which may also be assessed in the
context of the full and ex nunc examination referred to in paragraph 40 above, when adopting a
decision on the grant of that status, Article 14, which specifically presupposes that that status has
already been granted, cannot be applicable to that decision.
43
The questions referred must be answered in the light of those considerations.
The first, second and fourth questions
44
By its first, second and fourth questions, which it is appropriate to examine together, the national court
asks, in essence, whether the second sentence of Article 12(1)(a) of Directive 2011/95 must be
interpreted as meaning that, for the purposes of determining whether UNRWA’s protection or
assistance has ceased, account should be taken only of the field of the UNRWA area of operations in
which a stateless person of Palestinian origin had his or her actual residence at the time of his or her
departure from the said area of operations, or also of other fields falling within that area of operations
and, in that case, which of those fields.
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ECLI:EU:C:2021:3