Skip to content The CJEU ruled on 22 January 2026 that EU residents who worked and contributed to social security systems within and outside a Member State cannot be held to a higher threshold to receive benefits than workers who have worked exclusively in this Member State. Otherwise, this leads to indirect discrimination against workers using their freedom of movement within the EU.
Facts
A worker residing in Italy paid social contributions in Switzerland between 1991 and 1994, and then in Italy for a total period of approximately 5 years between 2002 and 2012.
This worker applied for an invalidity allowance to the INPS (National Institute of Social Security) on the basis of social contributions paid in Italy. In addition, they applied for a supplement to that allowance, so that they would receive the statutory minimum under Italian Law.
Their application was rejected because they did not complete enough contributions in Italy alone. They challenged those decisions in Court, until the case reached the Court of Cassation. The Court of Cassation then asked the Court of Justice of the European Union if Italian Law clashed with European Union Law.
Legal background (summarized)
- Regulation 883/2004 (Social Security Systems) provides that workers who used their right to freedom of movement shall enjoy the same benefits and be subject to the same obligations under the legislation of any Member State as the nationals thereof (Article 4).
Therefore, national organisations in charge of social security must consider the amount of work performed in other Member States equally as work performed in the concerned Member State. This applies to the award of social security benefits and the award of supplements to those benefits (Articles 52 and 58).
- Italian Law provides that Italian nationals who worked in Member States other than Italy must prove at least ten years of insurance contributions under an employment contract in Italy to receive disability benefits and supplements to reach the legal minimum.
On the other hand, to receive those same disability benefits and supplements, Italian residents having worked exclusively within Italy must provide evidence of a total of five years of insurance contributions, of which three years of contribution must have been in the f….
Issue
While EU Law provides that workers who have used their right to freedom of movement, thus working in multiple Member States, shall enjoy the same rights as those who worked in one Member States ; Italian Law requires more steps from those workers to receive their disability benefit (and supplement) than the workers who contributed solely in Italy.
The Court of Cassation asked the CJEU whether EU Law thus precludes this distinction.
Ruling
EU law precludes indirect discrimination against workers who exercised their right to freedom of movement such as in the Italian Law, as it would discourage EU citizens to exercise it.
Therefore, the CJEU ruled that national rules cannot make it harder for someone who worked in several countries (like Switzerland + Italy) to receive a social security supplement than for someone who worked only in one country.
In this case, it means the mentioned Italian Law breaches EU Law on the entitlement to the award of benefits and supplements for workers who have worked abroad.
Impact
This specific case prevents National Social Security Laws from requiring workers who worked abroad to achieve more difficult conditions to be entitled to benefits and supplements thereof.
In doing so, the Court of Justice reiterated the principle of non-discrimination, also in an indirect manner.
Indeed, workers who exercised their EU right to freedom of movement by working in different Member States are entitled to the same benefits that a national who has worked solely in one country.