JUDGMENT OF 13. 1. 2021 – CASE C-507/19 BUNDESREPUBLIK DEUTSCHLAND (REFUGEE STATUS OF A STATELESS PERSON OF PALESTINIAN ORIGIN) consideration when examining a substantial (territorial) connection? If so: Which ones? Does it matter whether it is possible and reasonable for the stateless person to enter the relevant field of operation when leaving the UNRWA area of operations? (3) Is a stateless person who leaves the area of operations of the UNRWA because his personal safety is at serious risk in the field of operation of his actual residence, and it is impossible for the UNRWA to grant him protection or assistance there, entitled, within the meaning of the second sentence of Article 12(1)(a) of Directive 2011/95, ipso facto to the benefits of the Directive even if he previously went to that field of operation without his personal safety having been at serious risk in the field of operation of his former residence and without being able to expect, according to the circumstances at the time of the move, to experience protection or assistance by the UNRWA in the field of operation into which he moves and to return to the field of operation of his previous residence in the foreseeable future? (4) When assessing the question of whether a stateless person is not to be granted ipso facto refugee status because the conditions of the second sentence of Article 12(1)(a) of Directive [2011/95] ceased to apply once he left the area of operations of the UNRWA, is account to be taken solely of the field of operation of the last habitual residence? If not: Is consideration also, by analogy, to be given to the fields of which account is to be taken under [the second question] for the time of leaving? If not: Which criteria are to be used to determine the fields which are to be taken into consideration at the time of the ruling on the application? Does the cessation of application of the conditions of the second sentence of Article 12(1)(a) of Directive [2011/95] require the (state or quasi-state) bodies in the relevant field of operation to be prepared to (re)admit the stateless person? (5) In the event that, in connection with the satisfaction or cessation of application of the conditions of the second sentence of Article 12(1)(a) of Directive [2011/95], the field of operation of the (last) habitual residence is of significance: Which criteria are decisive for establishing habitual residence? Is lawful residence authorised by the country of residence required? If not: Is there at least a need for the conscious acceptance of the residence of the stateless person concerned by the responsible bodies of the field of operation? If so in this respect: Does the presence of the individual stateless person have to be specifically known to the responsible bodies or is the conscious acceptance of residence as a member of a larger group of people sufficient? If not: Is actual residence for a relatively long period of time sufficient in itself?’ Consideration of the questions referred Preliminary observations 37 Before answering the questions referred, it should first of all be pointed out that, as the Advocate General noted in point 26 of his Opinion, Article 12(1)(a) of Directive 2011/95 corresponds, in substance, to Article 12(1)(a) of Directive 2004/83, with the result that the case-law concerning the latter provision is relevant to the interpretation of the former. 38 Next, it is clear from recitals 4, 23 and 24 of Directive 2011/95 that the Geneva Convention constitutes the cornerstone of the international legal regime for the protection of refugees and that the provisions of the directive for determining who qualifies for refugee status and the content of that status were adopted to guide the competent authorities of the Member States in the application of that convention on the basis of common concepts and criteria (see, by analogy, judgments of 17 June 2010, Bolbol, C-31/09, EU:C:2010:351, paragraph 37; 19 December 2012, Abed El Karem El Kott and Others, C-364/11, EU:C:2012:826, paragraph 42, and 1 March 2016, Alo and Osso, C-443/14 and C-444/14, EU:C:2016:127, paragraph 28). ECLI:EU:C:2021:3 9

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