16.6.2012

Official Journal of the European Union

C 174/9

(Case C-571/10) (<span class="super">1</span>)

(Area of Freedom, Justice and Security - Article 34 of the Charter of Fundamental Rights of the European Union - Directive 2003/109/EC - Status of third-country nationals who are long-term residents - Right to equal treatment with regard to social security, social assistance and social protection - Derogation from the principle of equal treatment for social assistance and social protection measures - Exclusion of ‘core benefits’ from the scope of that derogation - National legislation providing for housing benefit for low income tenants - Amount of funds for third-country nationals determined on the basis of a different weighted average - Rejection of an application for housing benefit owing to the exhaustion of the funds for third-country nationals)

2012/C 174/12

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Servet Kamberaj

Defendants: Istituto per l’Edilizia sociale della Provincia autonoma di Bolzano (IPES), Giunta della Provincia autonoma di Bolzano, Provincia autonoma di Bolzano

Interveners in support of the defendants: Associazione Porte Aperte/Offene Türen, Human Rights International, Associazione Volontarius, Fondazione Alexander Langer

Re:

Reference for a preliminary ruling — Tribunale di Bolzano — Protection of linguistic minorities — Provincial legislation giving effect to the fundamental principle of the national constitutional system that linguistic minorities are to be protected — Social policy — Application of different coefficients in order to determine the amount intended for housing allowances for citizens of the Union and for nationals of non-member countries — Different selection criteria applicable for the grant of the housing allowance to citizens of the Union and to nationals of non-member countries — Compatibility with Articles 2 and 6 TEU and with Articles 21 and 34 of the Charter of Fundamental Rights — Compatibility with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ 2000 L 180, p. 22) and with Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2003 L 16, p. 44) — Direct applicability of provisions of EU law –Compatibility with Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the ECHR’) and Article 1 of Protocol No 12 thereto — Direct applicability of the ECHR pursuant to Article 6 TEU — Applicable sanctions for the purpose of Article 15 of Directive 2000/43/EC

Operative part of the judgment

(<span class="super">1</span>) OJ C 46, 12.2.2011.