When considering an application for subsidiary protection, the competent authorities of the Member States must examine all the relevant circumstances which characterise the situation of the country of origin of the applicant in order to determine the intensity of an armed conflict

(Source: Court of Justice of the EU)

The systematic application by the competent authorities of the Member States of a single
quantitative criterion such as a minimum threshold of civilian casualties may exclude persons
genuinely in need of protection

CF and DN, two Afghan nationals from the province of Nangarhar (Afghanistan), submitted asylum
applications in Germany to the Bundesamt für Migration und Flüchtlinge (Federal Office for
Migration and Refugees, Germany). Following the rejection of those asylum applications, the
applicants brought proceedings before the Verwaltungsgerichtshof Baden-Württemberg (Higher
Administrative Court, Baden-Württemberg, Germany), requesting that they be granted subsidiary
protection.

That court seeks clarification from the Court of Justice on the interpretation of Directive 2011/95 1
on the international protection of refugees. In essence, the Court has to consider what are the
criteria to be applied for the purposes of granting subsidiary protection in cases of a serious and
individual threat to a civilian’s life or person by reason of ‘indiscriminate violence in situations of
armed conflict’.

Full Press Release – Judgment of the Court of Justice in Case C-901/19Bundesrepublik Deutschland () and individuelles”)

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