21.8.2017 |
EN |
Official Journal of the European Union |
C 277/19 |
Judgment of the Court (Seventh Chamber) of 21 June 2017 (request for a preliminary ruling from the Corte d’appello di Genova — Italy) — Kerly Del Rosario Martinez Silva v Istituto nazionale della previdenza sociale (INPS), Comune di Genova
(Case C-449/16) (1)
((Reference for a preliminary ruling - Social security - Regulation (EC) No 883/2004 - Article 3 - Family benefits - Directive 2011/98/EU - Article 12 - Right to equal treatment - Third-country nationals holding single permits))
(2017/C 277/26)
Language of the case: Italian
Referring court
Corte d’appello di Genova
Parties to the main proceedings
Applicant: Kerly Del Rosario Martinez Silva
Defendants: Istituto nazionale della previdenza sociale (INPS), Comune di Genova
Operative part of the judgment
Article 12 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 national legislation, such as that at issue in the main proceedings, under which a third-country national holding a single permit within the meaning of Article 2(c) of that directive cannot receive a benefit such as the benefit for households having at least three minor children established by Legge n. 448 — Misure di finanza pubblica per la stabilizzazione e lo sviluppo (Law No 448 on public finance measures for stabilisation and development) of 23 December 1998.