CJEU Case C-151/24 / Opinion

Istituto nazionale della previdenza sociale (INPS) v V. M
Deciding body type
Court of Justice of the European Union
Deciding body
Opinion of Advocate General Richard de la Tour
Type
Opinion
Decision date
10/07/2025
ECLI (European case law identifier)
ECLI:EU:C:2025:562

Title I: Dignity

Article 1 - Human dignity

Title IV: Solidarity

Article 34 - Social security and social assistance

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  • CJEU Case C-151/24 / Opinion

    Key facts of the case:

    Reference for a preliminary ruling – Directive 2011/98/EU – Rights for third-country workers who hold single permits – Article 12 – Right to equal treatment – Social security – Regulation (EC) No 883/2004 – Article 3 – Branches of social security – Article 70 – Special non-contributory cash benefits – Social allowance – National legislation excluding third-country nationals holding single permits from receiving the social allowance

    Outcome of the case:

    In the light of all the foregoing considerations, I propose that the Court answer the question referred for a preliminary ruling by the Corte costituzionale (Constitutional Court, Italy) as follows:

    Article 12(1)(e) of Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State

    must be interpreted as not precluding national legislation which excludes the third-country nationals referred to in Article 3(1)(b) and (c) of that directive from the benefit of an allowance granted, in accordance with that legislation, to persons over the age of 65 (since 1 January 2019, over the age of 67) experiencing economic hardship and who, by reason of old age, have reduced working capacity.

    However, the national authorities empowered to grant social assistance are required to check that a refusal to grant such assistance does not expose those nationals who would not have any resources to provide for their own needs to an actual and current risk of violation of their fundamental rights, in particular the right enshrined in Article 1 of the Charter of Fundamental Rights of the European Union.

  • Paragraphs referring to EU Charter

    26. First, the referring court states that Article 12(1)(e) of Directive 2011/98 gives specific expression to the entitlement to social security benefits provided for in Article 34(1) and (2) of the Charter.

    27. In so doing, it reproduces what the Court held in the judgment in INPS C‑350/20 by relying on the reference to Regulation No 883/2004 made in Article 12(1)(e) of that directive, read in the light of recital 31 thereof, which states inter alia that that directive observes the principles recognised by the Charter. ( 17 )

    ...

    78. Second, it appears to me that other individual situations of a less serious nature, but which violate the dignity of a third-country national holding a single permit, must be taken into consideration. Since such a national is legally residing in the territory of a Member State, the national authorities empowered to grant social assistance should be required to check that a refusal to grant such assistance based on the residence permit which that national holds does not expose the national concerned who does not have any resources to provide for his or her own needs to an actual and current risk of violation of his or her fundamental rights, in particular the right enshrined in Article 1 of the Charter. ( 82 )

  • Paragraphs referring to EU Charter (original language)