This document is an excerpt from the EUR-Lex website
Document 62019CA0302
Case C-302/19: Judgment of the Court (Fifth Chamber) of 25 November 2020 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Istituto nazionale della previdenza sociale v WS (Reference for a preliminary ruling — Directive 2011/98/EU — Rights for third country workers who hold single permits — Article 12 — Right to equal treatment — Social security — Legislation of a Member State excluding, for the purposes of determining entitlement to a family benefit, the family members of the holder of a single permit who do not reside in the territory of that Member State)
Case C-302/19: Judgment of the Court (Fifth Chamber) of 25 November 2020 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Istituto nazionale della previdenza sociale v WS (Reference for a preliminary ruling — Directive 2011/98/EU — Rights for third country workers who hold single permits — Article 12 — Right to equal treatment — Social security — Legislation of a Member State excluding, for the purposes of determining entitlement to a family benefit, the family members of the holder of a single permit who do not reside in the territory of that Member State)
Case C-302/19: Judgment of the Court (Fifth Chamber) of 25 November 2020 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Istituto nazionale della previdenza sociale v WS (Reference for a preliminary ruling — Directive 2011/98/EU — Rights for third country workers who hold single permits — Article 12 — Right to equal treatment — Social security — Legislation of a Member State excluding, for the purposes of determining entitlement to a family benefit, the family members of the holder of a single permit who do not reside in the territory of that Member State)
OJ C 35, 1.2.2021, p. 11–11
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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1.2.2021 |
EN |
Official Journal of the European Union |
C 35/11 |
Judgment of the Court (Fifth Chamber) of 25 November 2020 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Istituto nazionale della previdenza sociale v WS
(Case C-302/19) (1)
(Reference for a preliminary ruling - Directive 2011/98/EU - Rights for third country workers who hold single permits - Article 12 - Right to equal treatment - Social security - Legislation of a Member State excluding, for the purposes of determining entitlement to a family benefit, the family members of the holder of a single permit who do not reside in the territory of that Member State)
(2021/C 35/13)
Language of the case: Italian
Referring court
Corte suprema di cassazione
Parties to the main proceedings
Applicant: Istituto nazionale della previdenza sociale
Defendant: WS
Operative part of the judgment
Article 12(1)(e) of Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State must be interpreted as precluding the legislation of a Member State under which, for the purpose of determining entitlement to a social security benefit, the family members of the holder of a single permit, within the meaning of Article 2(c) thereof, who do not reside in the territory of that Member State but in a third country are not be taken into account, whereas account is taken of family members of nationals of that Member State residing in a third country.