Request for a preliminary ruling from the Tribunale ordinario di Bergamo (Italy) lodged on 7 December 2022 – KH v Istituto nazionale della previdenza sociale (INPS)

(Case C-747/22)

Language of the case: Italian

Referring court

Tribunale ordinario di Bergamo

Parties to the main proceedings

Applicant: KH

Defendant: Istituto nazionale della previdenza sociale (INPS)

Question referred

Are Articles 29 and 26 [of] Directive 2011/95 ¹ to be interpreted as precluding a national provision such as that contained in Article 2(1)(a) [of] Decree-Law No 4/2019, which provides for a requirement of 10 years’ residency in Italy, in addition to the condition of 2 years of continuous residency prior to application, in order to access an anti-poverty benefit supporting access to employment and social integration, such as the ‘basic income’?

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¹     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 (recast) (OJ 2011 L 337, p. 9).