Legislation of a Member State which excludes from the right to a social security benefit family members of the long-term resident who do not reside in the territory of that Member State. Discrimination based on nationality.
Council Directive 2003/109/EC of 25 November 2003 on the status of third-country nationals who are long-term residents.
Article 11 of Directive 2003/109/EC, relating to the status of third-country nationals who are long-term residents, must be interpreted as precluding legislation of a Member State under which, for the purposes of determination of entitlements to a social security benefit, family members of the long-term resident, pursuant to Article 2 of the Directive (referred to above), who reside not already in the territory of that Member State, but in a third country, while the family members of the national of that Member State resident in a third country are taken into consideration, if that Member State has not expressed its intention to make use of the derogation from equal treatment allowed by Article 11 of the same directive.
( Dispute between INPS - National Institute of Social Security, Italy - and VR regarding the rejection of an application for a family allowance for a period during which the wife and children of the person concerned have stayed in their third country of origin).