Order of the Court of Brescia, III Civil Section, 18 July 2016


ASGI. Associazione per gli Studi Giuridici sull’Immigrazione

The Court of Brescia ordered the revocation of the determination with which two Municipalities had disproportionately increased the administrative fees on housing fitness certification. This measure was of general application. However, it affected especially, if not exclusively, aliens because the certificate in question is necessary in view of obtaining an EU long-term residence permit, for family reunification, and so on. This made the Court to declare that the measure indirectly discriminated foreign nationals; it was illegal not only as an individual discrimination against the claimants in the proceeding, but also as a collective discrimination, susceptible of prejudicing the rights of a group of persons not individuated by name, but as foreigners wishing to obtain the certificate.