| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 157 (Feb) |
| Court: | Court of Justice of the European Communities (Grand Chamber) |
| Judge: | Judges Skouris (President of the Chamber), Jann, Timmermans, Rosas, Lenaerts and Ilesic (Presidents of Chambers), Arestis, Borg Barthet, Malenovsky, Lohmus and Bay Larsen (Rapporteur) |
| Judgment Dates: | 17 February 2009 |
Catchwords
European community - Residence - Right of - Person eligible for subsidiary protection - Applicants applying for temporary resident permits as persons eligible for subsidiary protection - Respondent refusing applications on ground that no risk of serious harm should applicants be returned to country of origin - Evidence required in order to establish status as person eligible for subsidiary protection - Council Directive (EC) 2004/83, arts 2(e), 15(c).
The Case
European community Residence. The European Court of Justice gave a preliminary ruling on the interpretation to be given to art15(c), in conjunction with art 2(e), of Council Directive (EC) 2004-83 (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) on a reference made by the Council of State in the Netherlands after it had recognised difficulties in resolving a matter which concerned the refusal by the respondent, the State Secretary for Justice, to grant the applicants temporary residence permits.
Practice Areas
Lexis®Library
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
