Case C-462/20: Request for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 25 September 2020 — Associazione per gli Studi Giuridici sull’Immigrazione (ASGI) and Others v Presidenza del Consiglio dei Ministri — Dipartimento per le politiche della famiglia, Ministero dell’Economia e delle Finanze
Date: 2020-09-25
Institutions: Court of Justice
Subjects: EU Member State, discount sale, equal treatment, foreign national, goods and services, residence permit, social security, supply, third country








C_2020433EN.01002802.xml










14.12.2020   


EN


Official Journal of the European Union


C 433/28






Request for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 25 September 2020 — Associazione per gli Studi Giuridici sull’Immigrazione (ASGI) and Others v Presidenza del Consiglio dei Ministri — Dipartimento per le politiche della famiglia, Ministero dell’Economia e delle Finanze
(Case C-462/20)
(2020/C 433/36)
Language of the case: Italian

Referring court

Tribunale di Milano

Parties to the main proceedings


Applicants: Associazione per gli Studi Giuridici sull’Immigrazione (ASGI), Avvocati per niente onlus (APN), Associazione NAGA — Organizzazione di volontariato per l’Assistenza Socio-Sanitaria e per i Diritti di Cittadini Stranieri, Rom e Sinti

Defendants: Presidenza del Consiglio dei Ministri — Dipartimento per le politiche della famiglia, Ministero dell’Economia e delle Finanze

Questions referred







1.


Does Article 11(1)(d) or (f) of Directive 2003/109/EC (1) preclude national legislation such as that under consideration here, which provides for the issue by the government of a Member State to nationals of that Member State or of other Member States of the European Union, but not to third-country nationals who are long-term residents, of a document which confers entitlement to discounts on supplies of goods and services by public and private entities that have entered into an agreement with the government of the Member State in question?










2.


Does Article 12(1)(e) of Directive 2011/98/EU (2), in conjunction with Article 1(z) and Article 3[(1)](j) of Regulation (EC) No 883/2004 (3), or Article 12(1)(g) of Directive 2011/98/EU preclude national legislation such as that under consideration here, which provides for the issue by the government of a Member State to nationals of that Member State or of other Member States of the European Union, but not to third-country nationals as referred to in Article 3(1)(b) and (c) of Directive 2011/98/EU, of a document which confers entitlement to discounts on supplies of goods and services by public and private entities that have entered into an agreement with the government of the Member State in question?










3.


Does Article 14(1)(e) of Directive 2009/50/EC, (4) in conjunction with Article 1(z) and Article 3[(1)](j) of Regulation (EC) No 883/2004, or Article 14(1)(g) of Directive 2009/50/EC, preclude national legislation such as that under consideration here, which provides for the issue by the government of a Member State to nationals of that Member State or of other Member States of the European Union, but not to third-country nationals holding an ‘EU Blue Card’ within the meaning of Directive 2009/50/EC, of a document which confers entitlement to discounts on supplies of goods and services by public and private entities that have entered into an agreement with the government of the Member State in question?










4.


Does Article 29 of Directive 2011/95/EU preclude national legislation such as that under consideration here, which provides for the issue by the government of a Member State to nationals of that Member State or of other Member States of the European Union, but not to third-country nationals benefiting from international protection, of a document which confers entitlement to discounts on supplies of goods and services by public and private entities that have entered into an agreement with the government of the Member State in question?






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

(2)  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 (OJ 2011 L 343, p. 1).

(3)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).

(4)  Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OJ 2009 L 155, p. 17).