Request for a preliminary ruling from the Krajský soud v Brně (Czech Republic) lodged on 13 May 2024 – A.B. v Ministerstvo vnitra, Odbor azylové a migrační politiky

(Case C-349/24, Nuratau  (1) )

(C/2024/5073)

Language of the case: Czech

Referring court

Krajský soud v Brně

Parties to the main proceedings

Applicant: A.B.

Defendant: Ministerstvo vnitra, Odbor azylové a migrační politiky

Question referred

Must Article 3 of Directive 2011/95/EU (2) 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 (recast) be interpreted as meaning that the legislation of a Member State permitting the granting of subsidiary protection to an applicant seeking international protection may be considered a more favourable standard for determining the persons eligible for subsidiary protection, as defined in that provision, including in the case of a real threat of a type of serious harm that is not recognised by Article 15 of the Directive, which consists in the fact that the departure from the Member State of the applicant seeking international protection would be contrary to the international obligations of that Member State, provided that that infringement of the Member State’s international obligations relates to the situation in the country of origin of the applicant seeking international protection?

(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)   OJ 2011 L 337, p. 9.