ECJ, 13 September 2018, Ahmed, C-369/17, ECLI:EU:C:2018:713

Exclusion from subsidiary protection status must be preceded by a full investigation of all the circumstances of the individual case: one step further in the direction of a single international protection status

Abstract

With the judgment of 13 September 2018 (C-368/17), the Court of Justice of the European Union established that the national authority ruling on the application for subsidiary protection must assess the seriousness of the crime that could result in a person being excluded from the benefit of subsidiary protection. This assessment shall consist of a full investigation into the circumstances of the individual case in question and cannot be taken automatically. By applying by analogy its own case-law on exclusion from refugee status to this subsidiary protection case, the Court has contributed to further aligning refugee and subsidiary protection in the direction of a single international protection status.