Title Ahmad Shah Ayubi v Bezirkshauptmannschaft Linz-Land (C‑713/17) (request for preliminary ruling)
Publisher European Union: Court of Justice of the European Union
Publication Date 21 November 2018
Country Austria
Topics Economic, social and cultural rights | Refugee / Asylum law
Citation / Document Symbol ECLI:EU:C:2018:929
Cite as Ahmad Shah Ayubi v Bezirkshauptmannschaft Linz-Land (C‑713/17) (request for preliminary ruling) , ECLI:EU:C:2018:929 , European Union: Court of Justice of the European Union, 21 November 2018, available at: https://www.refworld.org/cases,ECJ,5bf82e4d4.html [accessed 5 October 2022]
Comments 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.
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