Sala v Freistaat Bayern (1998) C-85/96 is an EU law case, concerning the free movement of citizens in the European Union.
Maria Martinez Sala, a Spanish national, lived in Germany since 1968, age 12.
The Court of Justice held that Ms Sala should have got the allowance, because it was discriminatory to require an EU citizen produce a residence permit which the national did not need to provide.
63 It follows that a citizen of the European Union, such as the appellant in the main proceedings, lawfully resident in the territory of the host Member State, can rely on Article 6 of the Treaty in all situations which fall within the scope ratione materiae of Community law, including the situation where that Member State delays or refuses to grant to that claimant a benefit that is provided to all persons lawfully resident in the territory of that State on the ground that the claimant is not in possession of a document which nationals of that same State are not required to have and the issue of which may be delayed or refused by the authorities of that State.
64 Since the unequal treatment in question thus comes within the scope of the Treaty, it cannot be considered to be justified: it is discrimination directly based on the appellant's nationality and, in any event, nothing to justify such unequal treatment has been put before the Court.