Case Law 76/2005 (09/06/2007)
Authority: National Courts: Merit's Courts (Italy) - Corte di Appello di Firenze - Sezione Lavoro
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
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