Decision of the Court of Appeal of Milan, Labor Section, No. 110 of 28 January 2015

The Appeal Court in Milan ruled in this decision that two NGOs, which had introduced a recourse against an alleged discriminatory measure taken by the Municipality of Milan and the National Institute for Social Security (INPS), were entitled to do so by virtue of legislative decree No 215/2003. Latter established that NGOs are entitled to stay in court against any “collective discrimination on the grounds of race or ethnic origin”. Remembering Recommendation No. 30 of 2004 of the UN Committee against racial discrimination, the Court was satisfied that the decision taken by the Municipality of Milan and INPS of excluding non-EU nationals legally staying in Italy from access to family allowance, was, although formally based on nationality, of such a nature as to lead to discrimination for racial or ethnical reasons; and this irrespective of whether the decision was knowingly directed or not to discrimination. Moreover, the Court found that the exclusion of foreigners from entitlement to family allowance was  unlawful even if occurred before entry into force of law No. 97/2013, which has recognized the foreigners’ right to this benefit in application of certain EU directives. This because such measure was contrary to respect for family life and non-discrimination under Articles 8 and 14 of the ECHR as interpreted by the European Court of Human Rights in its decision of 2014 on the case Dahabi v. Italy.