The case concerned a beneficiary of subsidiary protection in Italy who had been receiving a “citizens’ income”, a social benefit combined with integration measures. The benefit was subject to a 10-year residence requirement in Italy, including two years of continuous residence. Following an administrative check, the authorities concluded that this condition was not met and withdrew the benefit, also requesting repayment of sums received. A national court referred the case to the Court of Justice to clarify whether this residence requirement was compatible with EU law on equal treatment. The referring court questioned in particular whether the measure could be justified by integration policy objectives and the need for a genuine link with the Member State.

The Court held that the benefit falls both within access to employment measures and core social assistance in the form of a minimum income. As such, beneficiaries of international protection are entitled to equal treatment with nationals under EU law. It found that, although the residence condition applies formally in the same way to nationals and non-nationals, it places the latter at a particular disadvantage and therefore constitutes indirect discrimination.

The Court further ruled that this difference in treatment cannot be justified by administrative or financial considerations linked to the provision of the benefit. It also recalled that EU law does not allow Member States to introduce additional conditions, such as length of residence, for access to such benefits for beneficiaries of international protection.

For further information, please read the press release of the Court of Justice below, or consult the judgment for full details.