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Case Law 76/2005 (09/06/2007)

Type: Judgment

Authority: National Courts: Merit's Courts (Italy) - Corte di Appello di Firenze - Sezione Lavoro

Date: 06/09/2007

Subject: Social benefits for non-EU citizens fall within the definition of “goods” according to Art. 1 Protocol 1 to the ECHR. The Italian law according to which the possession of a permit of stay (according to Art. 80 § 19 of law 388/2000) is necessary for their disbursement violates the principle of non discrimination stated by Art. 14 ECHR, by Art. 6.2 of the EUT (respect for the rights granted by the ECHR), and by Art. 34.2 of the Charter of Nice. Therefore, the national law must be disregarded.

Parties: INPS c/ Merla

Original language: Italian

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 34 Social security

Text download Italian

Notices: Effectiveness of the Charter
The decision applies the Charter of Nice together with the ECHR in order to disregard national law and mentions the latest decision of the Court of Justice which have recalled the Charter