26.7.2021

Official Journal of the European Union

C 297/12

(Case C-94/20) (*)

(Reference for a preliminary ruling - Directive 2003/109/EC - Status of third-country nationals who are long-term residents - Article 11 - Right to equal treatment as regards social security, social assistance and social protection - Derogation from the principle of equal treatment in respect of social assistance and social protection - Concept of ‘core benefits’ - Directive 2000/43/EC - Principle of equal treatment between persons irrespective of racial or ethnic origin - Article 2 - Concept of discrimination - Article 21 of the Charter of Fundamental Rights of the European Union - Legislation of a Member State subjecting the grant of housing assistance to third-country nationals who are long-term residents to the condition that they provide proof, in a form specified by that legislation, that they have a basic command of the language of that Member State)

(2021/C 297/11)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Land Oberösterreich

Defendant: KV

Operative part of the judgment

1.Article 11(1)(d) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents must be interpreted as precluding, even where use has been made of the option to apply the derogation provided for in Article 11(4) of that directive, legislation of a Member State under which the grant of housing assistance to third-country nationals who are long-term residents is subject to the condition that they provide proof, in a form specified by that legislation, that they have a basic command of the language of that Member State, if that housing assistance constitutes a ‘core benefit’ within the meaning of that latter provision, this being a matter for the referring court to assess.

2.Legislation of a Member State which is applicable to all third-country nationals without distinction and under which the grant of housing assistance to third-country nationals who are long-term residents is subject to the condition that they provide proof, in a form specified by that legislation, that they have a basic command of the language of that Member State does not come within the scope of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.

3.Where use has been made of the option to apply the derogation provided for in Article 11(4) of Directive 2003/109, Article 21 of the Charter of Fundamental Rights of the European Union is not intended to apply to legislation of a Member State under which the grant of housing assistance to third-country nationals who are long-term residents is subject to the condition that they provide proof, in a form specified by that legislation, that they have a basic command of the language of that Member State, if that housing assistance does not constitute a ‘core benefit’ within the meaning of Article 11(4) of that directive. If the housing assistance in question does constitute such a core benefit, Article 21 of the Charter of Fundamental Rights, in so far as it prohibits any discrimination based on ethnic origin, does not preclude such legislation.

(*) Language of the case: German.

ECLI:EU:C:2021:140

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