# C_2020201EN.01001302.xml

| 15.6.2020 | EN | Official Journal of the European Union | C 201/13 |
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15.6.2020

EN

Official Journal of the European Union

C 201/13

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Request for a preliminary ruling from the Landesgericht Linz (Austria) lodged on 25 February 2020 — Land Oberösterreich v KV

(Case C-94/20)

(2020/C 201/20)

Language of the case: German

Referring court

Landesgericht Linz

Parties to the main proceedings

Appellant: Land Oberösterreich

Respondent: KV

Questions referred

| 1. | Is Article 11 of Directive 2003/109/EC (1) to be interpreted as precluding national legislation, such as Paragraph 6(9) and (11) of the Oberösterreichisches Wohnbauförderungsgesetz (Upper Austrian Law on Housing Subsidies; ‘the oöWFG’), which allows EU citizens, EEA nationals and family members within the meaning of Directive 2004/38/EC (2) to receive a social benefit in the form of housing assistance without proof of language proficiency, while requiring third country nationals with long-term resident status within the meaning of Directive 2003/109 to provide particular proof of a basic command of German, where that housing assistance is intended to absorb unreasonable burdens in the form of housing costs even though minimum subsistence levels (including the need for housing) should also be ensured by way of another social benefit (needs-based guaranteed minimum benefits in accordance with the Oberösterreichisches Mindestsicherungsgesetz (Upper Austrian Law on Guaranteed Minimum Benefits)) for individuals suffering social hardship? |
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1.

Is Article 11 of Directive 2003/109/EC (1) to be interpreted as precluding national legislation, such as Paragraph 6(9) and (11) of the Oberösterreichisches Wohnbauförderungsgesetz (Upper Austrian Law on Housing Subsidies; ‘the oöWFG’), which allows EU citizens, EEA nationals and family members within the meaning of Directive 2004/38/EC (2) to receive a social benefit in the form of housing assistance without proof of language proficiency, while requiring third country nationals with long-term resident status within the meaning of Directive 2003/109 to provide particular proof of a basic command of German, where that housing assistance is intended to absorb unreasonable burdens in the form of housing costs even though minimum subsistence levels (including the need for housing) should also be ensured by way of another social benefit (needs-based guaranteed minimum benefits in accordance with the Oberösterreichisches Mindestsicherungsgesetz (Upper Austrian Law on Guaranteed Minimum Benefits)) for individuals suffering social hardship?

| 2. | Is the prohibition of ‘direct or indirect discrimination’ based on ‘racial or ethnic origin’ in accordance with Article 2 of Directive 2000/43/EC (3) to be interpreted as precluding national legislation, such as Paragraph 6(9) and (11) of the oöWFG, which allows EU citizens, EEA nationals and family members within the meaning of Directive 2004/38 to receive a social benefit (housing assistance in accordance with the oöWFG) without proof of language proficiency, while requiring third country nationals (including those with long-term resident status within the meaning of Directive 2003/109) to provide particular proof of a basic command of German? |
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2.

Is the prohibition of ‘direct or indirect discrimination’ based on ‘racial or ethnic origin’ in accordance with Article 2 of Directive 2000/43/EC (3) to be interpreted as precluding national legislation, such as Paragraph 6(9) and (11) of the oöWFG, which allows EU citizens, EEA nationals and family members within the meaning of Directive 2004/38 to receive a social benefit (housing assistance in accordance with the oöWFG) without proof of language proficiency, while requiring third country nationals (including those with long-term resident status within the meaning of Directive 2003/109) to provide particular proof of a basic command of German?

| 3. | If the answer to question 2 is in the negative:
  Is the principle of non-discrimination on grounds of ethnic origin in accordance with Article 21 of the Charter of Fundamental Rights of the European Union to be interpreted as precluding national legislation such as Paragraph 6(9) and (11) oöWFG, which allows EU citizens, EEA nationals and family members within the meaning of Directive 2004/38 to receive a social benefit (housing assistance in accordance with the oöWFG) without proof of language proficiency, while requiring third country nationals (including those with long-term resident status within the meaning of Directive 2003/109) to provide particular proof of a basic command of German? |
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3.

If the answer to question 2 is in the negative:

Is the principle of non-discrimination on grounds of ethnic origin in accordance with Article 21 of the Charter of Fundamental Rights of the European Union to be interpreted as precluding national legislation such as Paragraph 6(9) and (11) oöWFG, which allows EU citizens, EEA nationals and family members within the meaning of Directive 2004/38 to receive a social benefit (housing assistance in accordance with the oöWFG) without proof of language proficiency, while requiring third country nationals (including those with long-term resident status within the meaning of Directive 2003/109) to provide particular proof of a basic command of German?

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(1)  Council Directive 2003/109 of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44).

(2)  Directive 2004/38 of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77).

(3)  Council Directive 2000/43 of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ 2000 L 180, p. 22).

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