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European Union
Country of Decision : European Union
Court Name : EU: Court of Justice of the European Union [CJEU]
Date of decision : 21/11/2018
Type : Judgment
ECLI : ECLI:EU:C:2018:929
Case Number/Citation/ Document Symbol : C-713/17

Ahmad Shah Ayubi vs District Administrative Authority of Linz-Land (AT, Bezirkshauptmannschaft Linz-Land)

According to the Court's Judgement: 1. This request for a preliminary ruling concerns the interpretation of Article 29 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9). 2. The request has been made in proceedings between Mr Ahmad Shah Ayubi, a third-country national, and the Bezirkshauptmannschaft Linz-Land ((District Administrative Authority of Linz-Land, Austria) concerning the latter’s decision to grant Mr Ayubi and his family assistance for the provision of the means of subsistence and housing for himself and his family in the form of a basic allowance and a temporary supplementary allowance. Court's rules: 1. Article 29 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, must be interpreted as meaning that it precludes national legislation, such as that at issue in the main proceedings, which provides that refugees with a temporary right of residence in a Member State are to be granted social security benefits which are less than those received by nationals of that Member State and refugees who have a permanent right of residence in that Member State. 2.  A refugee may rely on the incompatibility of legislation, such as that at issue in the main proceedings, with Article 29(1) of Directive 2011/95 before the national courts in order to remove the restriction on his rights provided for by that legislation.

Content of Protection/Integration; Humanitarian Protection/ Temporary Residence; Refugee Protection;

European Convention on Human Rights; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;

EASO Courts and Tribunals Network

European Union,EU: Court of Justice of the European Union [CJEU], Ahmad Shah Ayubi vs District Administrative Authority of Linz-Land (AT, Bezirkshauptmannschaft Linz-Land), 21/11/2018, ECLI:EU:C:2018:929
CJEU ruled on the interpretation of Article 29 of the Qualification Directive (social welfare)

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=551