JUDGMENT OF 25. 7. 2018 — CASE C-585/16 ALHETO – the European Commission, by M. Condou-Durande, C. Georgieva-Kecsmar and I. Zaloguin, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 17 May 2018, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of Article 12(1) 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), and Article 35 and Article 46(3) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L 180, p. 60). 2 The request has been made in proceedings between Ms Serin Alheto and the zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (Deputy Chairperson of the State Agency for Refugees, Bulgaria, ‘the DAB’) concerning the latter’s refusal to grant the application for international protection made by Ms Alheto. Legal context International law The Geneva Convention 3 4 5 The Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951 (United Nations Treaty Series, vol. 189, p. 150, No 2545 (1954)), entered into force on 22 April 1954. It was supplemented and amended by the Protocol Relating to the Status of Refugees, concluded in New York on 31 January 1967, which entered into force on 4 October 1967 (‘the Geneva Convention’). Article 1(A) of the Geneva Convention, in the definition it provides of the term ‘refugee’, refers inter alia to the risk of persecution. Article 1(D) of that convention states: ‘This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance. When such protection or assistance has ceased for any reason, without the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these persons shall ipso facto be entitled to the benefits of this Convention.’ 2 ECLI:EU:C:2018:584

Select target paragraph3