Shepherd v Bundesrepublik Deutschland

European Union – Immigration. The Court of Justice of the European Union ruled, amongst other things, that art 9(2)(b) and (c) of Directive (EC) 2004/83 should be interpreted as meaning that, in circumstances such as those in the main proceedings, it did not appear that the measures incurred by a soldier because of his refusal to perform military service, such as the imposition of a prison sentence or discharge from the army, could be considered, having regard to the legitimate exercise, by that state, of its right to maintain an armed force, so disproportionate or discriminatory as to amount to acts of persecution for the purpose of those provisions. It was, however, for the national authorities to ascertain whether that was indeed the case.

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