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Trib. Bergamo 16.3.2021 (ord.) est. Daga, xxx + 8 (avv. Guariso, Lavanna, Bresmes) c. Comune di Covo (avv. Nozza)
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Discrimination on grounds of nationality - unjustified increase in the charge for suitability for housing - indirect discrimination – existence - power of the court to order repayment of the excess amount also in favour of non-claimants - existence
The undue increases in the housing eligibility fee set by a municipality constitutes indirect discrimination on grounds of nationality, since such fee is paid almost exclusively by non-EU nationals and is linked to the exercise of fundamental rights such as family reunification. When ascertaining the discrimination, regardless of the claimant being a single person and not a representative association, the Court may order the recovery of the excess sum to be returned to all those which have been similarly affected.