CURIA - Documents 7 of 10 https://curia.europa.eu/juris/document/document_print.jsf?docid=242... the basis, inter alia, of Article 78(2)(b) TFEU, seeks, inter alia, to establish a uniform system of subsidiary protection. In that regard, it is apparent from recital 12 of that directive that one of its main objectives is to ensure that all Member States apply common criteria for the identification of persons genuinely in need of international protection (see judgment of 23 May 2019, Bilali, C‑720/17, EU:C:2019:448, paragraph 35 and the case-law cited). 23 In that regard, it is apparent from Article 18 of Directive 2011/95, read in conjunction with the definition of ‘person eligible for subsidiary protection’ in Article 2(f) of that directive, and that of ‘subsidiary protection status’ in Article 2(g) thereof, that the subsidiary protection status referred to in that directive must, in principle, be granted to a third-country national or stateless person who faces a real risk of suffering serious harm, within the meaning of Article 15 of that directive, if returned to his or her country of origin or to the country of his or her former habitual residence (see judgment of 23 May 2019, Bilali, C‑720/17, EU:C:2019:448, paragraph 36 and the case-law cited). 24 It should also be borne in mind that, as the Advocate General observed in point 16 of his Opinion, Directive 2011/95 repealed and replaced Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ 2004 L 304, p. 12), with effect from 21 December 2013, and that that change of directive did not result in any change in the legal rules for granting subsidiary protection or as regards the numbering of the relevant provisions. Thus, the wording of Article 15(c) of Directive 2011/95 is strictly identical to that of Article 15(c) of Directive 2004/83, with the result that the case-law concerning the latter provision is relevant to the interpretation of the former (see, to that effect, judgment of 13 January 2021, Bundesrepublik Deutschland (Refugee status of a stateless person of Palestinian origin), C‑507/19, EU:C:2021:3, paragraph 37). 25 Article 15 of Directive 2011/95 provides for three types of ‘serious harm’ which, when substantiated, entitle the person subject to them to the grant of subsidiary protection. As regards the grounds set out in Article 15(a), namely ‘death penalty or execution’, and in Article 15(b), namely the risk of ‘torture or inhuman treatment’, such ‘serious harm’ covers situations in which the applicant for subsidiary protection is specifically exposed to the risk of a particular type of harm (judgment of 17 February 2009, Elgafaji, C‑465/07, EU:C:2009:94, paragraph 32). 26 By contrast, as the Court has clarified, the harm defined in Article 15(c) of that directive, consisting of a ‘serious and individual threat to [the applicant’s] life or person’ covers a ‘more general’ risk of harm than those referred to in Article 15(a) and (b). Reference is thus made, more generally, to a ‘threat to a civilian’s life or person’ rather than to specific acts of violence. Furthermore, that threat is inherent in a general situation of armed conflict, giving rise to ‘indiscriminate violence’, which implies that it may extend to people irrespective of their personal circumstances (judgment of 17 February 2009, Elgafaji, C‑465/07, EU:C:2009:94, paragraphs 33 and 34). 27 In other words, as the Advocate General observed in point 20 of his Opinion, the finding of a ‘serious and individual threat’, within the meaning of Article 15(c) of Directive 2011/95, is not conditional on the applicant for subsidiary protection proving that he or she is specifically affected by reason of factors particular to his or her personal circumstances. 28 In that context, the word ‘individual’ must be understood as covering harm to civilians irrespective of their identity, where the degree of indiscriminate violence characterising the armed conflict taking place – assessed by the competent national authorities before which an application for subsidiary protection is made, or by the courts of a Member State to which a decision refusing such an application is referred – reaches such a high level that substantial grounds are shown for believing that a civilian, returned to the relevant country or, as the case may be, to the relevant region, would, solely on account of his or her presence on the territory of that country or region, face a real risk of being subject to the serious threat referred to in Article 15(c) of that directive (judgment of 17 February 2009, Elgafaji, C‑465/07, EU:C:2009:94, paragraph 35). 05/10/2021, 12:08