CELEX: 62019CA0302
Language: en
Date: 2020-11-25 00:00:00
Title: 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)

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.
      
         (1)  OJ C 288, 26.8.2019.