JUDGMENT
OF
25. 7. 2018 — CASE C-585/16
ALHETO
United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)
6
United Nations General Assembly resolution No 302 (IV) of 8 December 1949, concerning assistance
to Palestine refugees, established the United Nations Relief and Works Agency for Palestine Refugees
in the Near East (UNRWA). Its task is to serve the well-being and human development of Palestine
refugees.
7
UNRWA’s area of operations covers the Gaza Strip, the West Bank, Jordan, Lebanon and Syria.
EU law
Directive 2011/95
8
Directive 2011/95 was adopted on the basis of Article 78(2)(a) and (b) TFEU, which provides as
follows:
‘for the purposes of [developing a common policy on asylum, subsidiary protection and temporary
protection with a view to offering appropriate status to any third-country national requiring
international protection and ensuring compliance with the principle of non-refoulement], the
European Parliament and the Council, acting in accordance with the ordinary legislative procedure,
shall adopt measures for a common European asylum system comprising:
(a) a uniform status of asylum for nationals of third countries, valid throughout the Union;
(b) a uniform status of subsidiary protection for nationals of third countries who, without obtaining
European asylum, are in need of international protection’.
9
Article 2 of that directive provides as follows:
‘For the purposes of this Directive the following definitions shall apply:
(a) “international protection” means refugee status and subsidiary protection status as defined in
points (e) and (g);
…
(c) “Geneva Convention” means the Convention relating to the Status of Refugees done at Geneva on
28 July 1951, as amended by the New York Protocol of 31 January 1967;
(d) “refugee” means a third-country national who, owing to a well-founded fear of being persecuted
for reasons of race, religion, nationality, political opinion or membership of a particular social
group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to
avail himself or herself of the protection of that country, or a stateless person, who, being outside
of the country of former habitual residence for the same reasons as mentioned above, is unable or,
owing to such fear, unwilling to return to it, and to whom Article 12 does not apply;
(e) “refugee status” means the recognition by a Member State of a third-country national or a stateless
person as a refugee;
(f) “person eligible for subsidiary protection” means a third-country national or a stateless person
who does not qualify as a refugee but in respect of whom substantial grounds have been shown
for believing that the person concerned, if returned to his or her country of origin, or in the case
ECLI:EU:C:2018:584
3