1.

Is Article 11 of Directive 2003/109/EC (1) to be interpreted as precluding national legislation, such as Paragraph 6(9) and (11) of the Oberösterreichisches Wohnbauförderungsgesetz (Upper Austrian Law on Housing Subsidies; ‘the oöWFG’), which allows EU citizens, EEA nationals and family members within the meaning of Directive 2004/38/EC (2) to receive a social benefit in the form of housing assistance without proof of language proficiency, while requiring third country nationals with long-term resident status within the meaning of Directive 2003/109 to provide particular proof of a basic command of German, where that housing assistance is intended to absorb unreasonable burdens in the form of housing costs even though minimum subsistence levels (including the need for housing) should also be ensured by way of another social benefit (needs-based guaranteed minimum benefits in accordance with the Oberösterreichisches Mindestsicherungsgesetz (Upper Austrian Law on Guaranteed Minimum Benefits)) for individuals suffering social hardship?

2.

Is the prohibition of ‘direct or indirect discrimination’ based on ‘racial or ethnic origin’ in accordance with Article 2 of Directive 2000/43/EC (3) to be interpreted as precluding national legislation, such as Paragraph 6(9) and (11) of the oöWFG, which allows EU citizens, EEA nationals and family members within the meaning of Directive 2004/38 to receive a social benefit (housing assistance in accordance with the oöWFG) without proof of language proficiency, while requiring third country nationals (including those with long-term resident status within the meaning of Directive 2003/109) to provide particular proof of a basic command of German?

3.

If the answer to question 2 is in the negative:

Is the principle of non-discrimination on grounds of ethnic origin in accordance with Article 21 of the Charter of Fundamental Rights of the European Union to be interpreted as precluding national legislation such as Paragraph 6(9) and (11) oöWFG, which allows EU citizens, EEA nationals and family members within the meaning of Directive 2004/38 to receive a social benefit (housing assistance in accordance with the oöWFG) without proof of language proficiency, while requiring third country nationals (including those with long-term resident status within the meaning of Directive 2003/109) to provide particular proof of a basic command of German?