Type: Judgment

Authority: National Courts: Merit's Courts (Italy) - Tribunale di Ravenna

Date: 12/12/2007

Subject: In order to decide upon the application for a pension benefit by a non-Community citizen without permit of stay the Court employs the norms of the ECHR. In particular, it refers to Art. 14 ECHR, according to which the enjoyment of the rights and freedoms laid down in the Convention must be granted without any discrimination. It holds therefore that art. 8 par. 19 of law n. 338 of 2000 is in contrast with Art. 14 ECHR in the interpretation given by the Court of Strabourg; this implies the disapplication of the national norm and, therefore, the grant of invalidity benefits even to a person lacking permit of stay.

Parties: Ibraimovic Slavica c/ Ministero dell’Economia e delle Finanze, INPS

Original language: Italian

Classification: Equality - Art. 21 Non discrimination