Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62008CN0178

    Case C-178/08: Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 29 April 2008 — Ahmed Adem and Hamrin Mosa Rashi v Federal Republic of Germany

    SL C 197, 2.8.2008, p. 5–5 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    29/04/2008
    Date lodged:
    29/04/2008
    Author:
    Sud
    Form:
    Pravosudna informacija
    Authentic language:
    njemački
    Type of procedure:
    Prethodno pitanje
    Link
    Select all documents mentioning this document
    Case affecting:
    • request for interpretation 32004L0083 članak 11.1 PT E)
    • request for interpretation 32004L0083 članak 15
    • request for interpretation 32004L0083 članak 18
    • request for interpretation 32004L0083 članak 2 PT C)
    • request for interpretation 32004L0083 članak 4.4
    • request for interpretation 32004L0083 članak 7.1
    Link

    2.8.2008   

    EN

    Official Journal of the European Union

    C 197/5

    Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 29 April 2008 — Ahmed Adem and Hamrin Mosa Rashi v Federal Republic of Germany

    (Case C-178/08)

    (2008/C 197/07)

    Language of the case: German

    Referring court

    Bundesverwaltungsgericht

    Parties to the main proceedings

    Applicants: Ahmed Adem and Hamrin Mosa Rashi

    Defendant: Federal Republic of Germany

    Questions referred

    1.

    Is Article 11(1)(e) of Council Directive 2004/83/EC of 29 April 2004 (1) to be interpreted as meaning that — apart from the second clause of Article 1(C)(5) of the Convention of 28 July 1951 relating to the Status of Refugees (Geneva Convention on Refugees) — refugee status ceases to exist if the refugee's well-founded fear of persecution within the terms of Article 2(c) of that directive, on the basis of which refugee status was granted, no longer exists and he also has no other reason to fear persecution within the terms of Article 2(c) of Directive 2004/83?

    2.

    If Question 1 is to be answered in the negative: does the cessation of refugee status under Article 11(1)(e) of Directive 2004/83 also require that, in the country of the refugee's nationality,

    (a)

    an actor of protection within the meaning of Article 7(1) of Directive 2004/83 be present, and is it sufficient in that regard if protection can be assured only with the help of multinational troops,

    (b)

    the refugee should not be threatened with serious harm, within the meaning of Article 15 of Directive 2004/83, which leads to the granting of subsidiary protection under Article 18 of that directive, and/or

    (c)

    the security situation be stable and the general living conditions ensure a minimum standard of living?

    3.

    In a situation in which the previous circumstances, on the basis of which the person concerned was granted refugee status, have ceased to exist, are new, different circumstances founding persecution to be

    (a)

    measured against the standard of probability applied for recognising refugee status, or is another standard to be applied in favour of the person concerned, and/or

    (b)

    assessed having regard to the relaxation of the burden of proof under Article 4(4) of Directive 2004/83?

    (1)  OJ 2004 L 304, p. 12.

    Top