See the full text: According to Advocate General Sharpston, non-combat military personnel may claim asylum if they consider themselves to be at risk of prosecution or punishment for refusal to perform military service where so
See the full text: According to Advocate General Sharpston, non-combat military personnel may claim asylum if they consider themselves to be at risk of prosecution or punishment for refusal to perform military service where so doing might involve commission of war crimes (Press release, pdf) and: Opinion (pdf)
see also: Military deserters may claim EU asylum (euobserver, link)