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25.11.2020 – Court of Justice - Judgment - Single Permit - Directive 2011/98/EU - INPS - Case C-302/19

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

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On those grounds, the Court (Fifth Chamber) hereby rules:

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.

Judgment of the Court

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