# C_2013367EN.01002601.xml

| 14.12.2013 | EN | Official Journal of the European Union | C 367/26 |
| --- | --- | --- | --- |

14.12.2013

EN

Official Journal of the European Union

C 367/26

---

Request for a preliminary ruling from the Cour constitutionnelle (Belgium) lodged on 17 October 2013 — Mohamed M’Bodj v Conseil des ministres

(Case C-542/13)

2013/C 367/47

Language of the case: French

Referring court

Referring court

Cour constitutionnelle

Parties to the main proceedings

Parties to the main proceedings

Applicant: Mohamed M’Bodj

Applicant:

Defendant: Conseil des ministres

Defendant:

Questions referred

Questions referred

| 1. | Must Articles 2(e) and (f), 15, 18, 28 and 29 of Council Directive 2004/83/EC of 29 April 2004‘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’ (1) be interpreted as meaning that not only a person who has been granted, at his request, subsidiary protection status by an independent authority of the Member State must be entitled to benefit from the social welfare and health care referred to in Articles 28 and 29 of that directive, but also a foreign national who has been authorised by an administrative authority of a Member State to reside in the territory of that Member State and who suffers from an illness occasioning a real risk to his life or physical integrity or a real risk of inhuman or degrading treatment in the case where there is no appropriate treatment in his country of origin or in the country in which he resides? |
| --- | --- |

1.

Must Articles 2(e) and (f), 15, 18, 28 and 29 of Council Directive 2004/83/EC of 29 April 2004‘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’ (1) be interpreted as meaning that not only a person who has been granted, at his request, subsidiary protection status by an independent authority of the Member State must be entitled to benefit from the social welfare and health care referred to in Articles 28 and 29 of that directive, but also a foreign national who has been authorised by an administrative authority of a Member State to reside in the territory of that Member State and who suffers from an illness occasioning a real risk to his life or physical integrity or a real risk of inhuman or degrading treatment in the case where there is no appropriate treatment in his country of origin or in the country in which he resides?

1

| 2. | If the answer to the first question referred for a preliminary ruling is that the two categories of persons who are there described must be capable of benefiting from the social welfare and health care referred to therein, must Articles 20(3), 28(2) and 29(2) of Directive 2004/83 be interpreted as meaning that the obligation imposed on Member States to take into account the specific situation of vulnerable persons such as disabled people implies that the latter must be granted the allowances provided for by the Law of 27 February 1987 concerning allowances for disabled people, in view of the fact that social assistance which takes account of the handicap may be granted pursuant to the Basic Law of 8 July 1976 on public social welfare centres? |
| --- | --- |

2.

If the answer to the first question referred for a preliminary ruling is that the two categories of persons who are there described must be capable of benefiting from the social welfare and health care referred to therein, must Articles 20(3), 28(2) and 29(2) of Directive 2004/83 be interpreted as meaning that the obligation imposed on Member States to take into account the specific situation of vulnerable persons such as disabled people implies that the latter must be granted the allowances provided for by the Law of 27 February 1987 concerning allowances for disabled people, in view of the fact that social assistance which takes account of the handicap may be granted pursuant to the Basic Law of 8 July 1976 on public social welfare centres?

---

(1)  OJ L 304. p. 12.

1

---