Case C-31/09: Judgment of the Court (Grand Chamber) of 17 June 2010 (reference for a preliminary ruling from the Fővárosi Bíróság (Republic of Hungary)) — Nawras Bolbol v Bevándorlási és Állampolgársági Hivatal (Directive 2004/83/EC — Minimum standards for the qualification and status of third country nationals or stateless persons as refugees — Stateless person of Palestinian origin who has not sought protection or assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — Application for refugee status — Refusal based on a failure to meet the conditions laid down in Article 1A of the Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951 — Right of that stateless person to be recognised as a refugee on the basis of the second sentence of Article 12(1)(a) of Directive 2004/83)
Date: 2010-06-17
Institutions: Court of Justice
Subjects: EU Member State, Hungary, cessation of trading, interpretation of the law, social assistance








C_2010221EN.01000901.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/9





Judgment of the Court (Grand Chamber) of 17 June 2010 (reference for a preliminary ruling from the Fővárosi Bíróság (Republic of Hungary)) — Nawras Bolbol v Bevándorlási és Állampolgársági Hivatal
(Case C-31/09) (1)

(Directive 2004/83/EC - Minimum standards for the qualification and status of third country nationals or stateless persons as refugees - Stateless person of Palestinian origin who has not sought protection or assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) - Application for refugee status - Refusal based on a failure to meet the conditions laid down in Article 1A of the Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951 - Right of that stateless person to be recognised as a refugee on the basis of the second sentence of Article 12(1)(a) of Directive 2004/83)
2010/C 221/13
Language of the case: Hungarian

Referring court

Fővárosi Bíróság

Parties to the main proceedings


Applicant: Nawras Bolbol

Defendant: Bevándorlási és Állampolgársági Hivatal

Re:

Reference for a preliminary ruling — Fövárosi Bíróság (Hungary) — Interpretation of Article 12(1)(a) 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 (OJ 2004 L 304, p. 12) — Stateless person of Palestinian origin who has not availed herself of the protection and assistance of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), whose application seeking the grant of refugee status has been refused on the ground of failure to meet the conditions laid down in Article 1A of the Geneva Convention — Right of that stateless person to be granted refugee status on the basis of the second sentence of Article 12(1)(a) of Directive 2004/83/EC

Operative part of the judgment

For the purposes of the first sentence of Article 12(1)(a) 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, a person receives protection or assistance from an agency of the United Nations other than the United Nations High Commissioner for Refugees, when that person has actually availed himself of that protection or assistance.


(1)  OJ C 82, 04.04.2009.