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Case C-747/22: Request for a preliminary ruling from the Tribunale ordinario di Bergamo (Italy) lodged on 7 December 2022 — KH v Istituto nazionale della previdenza sociale (INPS)
ECLI:EU:UNKNOWN:62022CN0747
62022CN0747
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27.3.2023
Official Journal of the European Union
C 112/20
(Case C-747/22)
(2023/C 112/26)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: KH
Defendant: Istituto nazionale della previdenza sociale (INPS)
Question referred
Are Articles 29 and 26 [of] Directive 2011/95 (1) to be interpreted as precluding a national provision such as that contained in Article 2(1)(a) [of] Decree-Law No 4/2019, which provides for a requirement of 10 years’ residency in Italy, in addition to the condition of 2 years of continuous residency prior to application, in order to access an anti-poverty benefit supporting access to employment and social integration, such as the ‘basic income’?
(1) Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ 2011 L 337, p. 9).