Case C-294/22, OFPRA (Refugee status of a stateless person of Palestinian origin): Judgment of the Court (Fourth Chamber) of 5 October 2023 (request for a preliminary ruling from the Conseil d’État — France) — Office français de protection des réfugiés et apatrides v SW (Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Directive 2011/95/EU — Article 12 — Exclusion from being a refugee — Person registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — Conditions for that person to be entitled ipso facto to the benefits of Directive 2011/95 — Cessation of UNRWA protection or assistance — Failure to provide medical care — Conditions)
Date: 2023-10-05
Institutions: Court of Justice
Subjects: Palestine, UNRWA, aid to refugees, health care, illness, international protection, refugee, right to health, stateless person, therapeutics








C_202300729EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/729


20.11.2023





Judgment of the Court (Fourth Chamber) of 5 October 2023 (request for a preliminary ruling from the Conseil d’État — France) — Office français de protection des réfugiés et apatrides v SW
(Case C-294/22, (1) OFPRA (Refugee status of a stateless person of Palestinian origin))
(Reference for a preliminary ruling - Common policy on asylum and subsidiary protection - Directive 2011/95/EU - Article 12 - Exclusion from being a refugee - Person registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) - Conditions for that person to be entitled ipso facto to the benefits of Directive 2011/95 - Cessation of UNRWA protection or assistance - Failure to provide medical care - Conditions)
(C/2023/729)
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicant: Office français de protection des réfugiés et apatrides

Defendant: SW

Operative part of the judgment

The second sentence of Article 12(1)(a) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted
must be interpreted as meaning that the protection or assistance of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) must be regarded as having ceased when that agency becomes unable to ensure that a stateless person of Palestinian origin enjoying such protection or assistance has access to the healthcare and medical treatment without which that person is exposed to a real risk of imminent death or to a real risk of suffering a serious, rapid and irreversible decline in his or her state of health or a significant reduction in life expectancy. It is for the national court to ascertain whether there is such a risk.


(1)  
            OJ C 276, 18.7.2022.


ELI: http://data.europa.eu/eli/C/2023/729/oj
ISSN 1977-091X (electronic edition)