CJEU, 9 November 2023, X, Y and their six minor children v. Staatssecretaris van Justitie en Veiligheid, C-125/22, EU:C:2023:843

The sliding scale of Article 15(c) of the Asylum Qualification Directive

Abstract

In the present judgment, the Court of Justice of the EU establishes that personal circumstances may be relevant in the assessment of whether such a level of indiscriminate violence exists to give rise to a situation as envisioned in Article 15(c) of the EU Asylum Qualification Directive. If that is the case, a lower level of indiscriminate violence is sufficient to reach the required threshold. A combination of personal circumstances and indiscriminate violence may qualify as a real risk of serious harm. The personal circumstances that should be considered in this regard are factors specific to the applicant’s private, family, or professional life.