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Joined Cases C-112/22 and C-223/22, CU and ND (Social assistance – indirect discrimination): Judgment of the Court (Grand Chamber) of 29 July 2024 (requests for a preliminary ruling from the Tribunale di Napoli – Italy) – Criminal proceedings against CU (C-112/22), ND (C-223/22) (Reference for a preliminary ruling – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Article 11(1)(d) – Equal treatment – Social security, social assistance and social protection measures – Residency condition of 10 years, the final 2 years of which must be consecutive – Indirect discrimination)
ECLI:EU:UNKNOWN:62022CA0112
62022CA0112
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Official Journal of the European Union
C series
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C/2024/5588
30.9.2024
(Joined Cases C-112/22 and C-223/22, (Social assistance – indirect discrimination))
(Reference for a preliminary ruling - Status of third-country nationals who are long-term residents - Directive 2003/109/EC - Article 11(1)(d) - Equal treatment - Social security, social assistance and social protection measures - Residency condition of 10 years, the final 2 years of which must be consecutive - Indirect discrimination)
(C/2024/5588)
Language of the case: Italian
Referring court
Parties in the main proceedings
Intervening parties: Procura della Repubblica presso il Tribunale di Napoli (C-112/22 and C-223/22), Ministero dell’Economia e delle Finanze (C-112/22 and C-223/22), Istituto nazionale della previdenza sociale (INPS) (C-223/22).
Operative part of the judgment
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, read in the light of Article 34 of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding legislation of a Member State which makes access for third-country nationals who are long-term residents to a social security, social assistance or social protection measure conditional on the requirement, which also applies to nationals of that Member State, of having resided in that Member State for at least 10 years, the final 2 years of which must be consecutive, and which provides for a criminal penalty for any false declaration regarding that residency condition.
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ELI: http://data.europa.eu/eli/C/2024/5588/oj
ISSN 1977-091X (electronic edition)
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