Language of document :

Judgment of the Court (Third Chamber) of 21 November 2018 (request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich — Austria) — Ahmad Shah Ayubi v Bezirkshauptmannschaft Linz-Land

(Case C-713/17) 1

(Reference for a preliminary ruling — Directive 2011/95/EU — Rules relating to the content of international protection — Refugee status — Article 29 — Social protection — Different treatment — Refuges with temporary right of residence)

Language of the case: German

Referring court

Landesverwaltungsgericht Oberösterreich

Parties to the main proceedings

Applicant: Ahmad Shah Ayubi

Defendant: Bezirkshauptmannschaft Linz-Land

Operative part of the judgment

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.

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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1 OJ C 123, 9.4.2018.