Type: Judgment

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

Date: 05/22/2006

Subject: A non-EU national is entitled to disability support allowance even if he/she does not hold a "residence permit". A fundamental principle of regulation EC 1408/71 is that of equal treatment, whereby a person residing in one EU Member State is entitled to the benefits of legislation of the host country. Regulation EC 859/2003 has extended Community law to third country nationals legally residing in a member State. These Community provisions thus automatically extend entitlement to the benefit also to individuals who possess a work permit, even if they do not possess a "residence permit".

Parties: Njimi Fatima/INPS

Original language: Italian

Classification: Art. 21 Non discrimination - Art. 34 Social benefits

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