As reported, the Linz Regional Court has dismissed a Turkish citizen’s complaint. The fact that the state of Upper Austria requires proof of German for housing allowance is “no discrimination on the basis of ethnic affiliation”. No further legal remedies are permitted. Anyone who wants to live here and receive state benefits “must also make their own contribution to integration,” said Hattmannsdorfer.
Even if the verdict was to be accepted, the Greens boss Stefan Kaineder was disappointed: “Affordable living” is a human right, dividing apart is a black and blue “signature”.
The question of the core service remains open
The “Klagsverband”, which had brought the case to court, and the organization “migrare” announced: The judgment leaves it open whether the housing allowance is a core benefit and whether the German language certificate violates the European directive on long-term residence. The regional court did not consider this “crucial question”, although it was the focus of its inquiry to the European Court of Justice, is criticized.
Deputy Governor Manfred Haimbuchner (FP) emphasized that the basic need for housing is covered by social assistance, i.e. that housing assistance is not a core benefit in the sense of Union law and that it is therefore permissible to link to requirements.
Regional court spokesman Walter Eichinger explains that the ECJ dealt with three questions and decided two, above all those of discrimination. Here the regional court followed the ECJ. The third question (core service) could not be assessed, since the state anti-discrimination law on which the plaintiff relied did not provide a basis for any claims for damages.