Istituto nazionale della previdenza sociale (INPS) v. WS, Case C-302/19, CJEU, 25 November 2020

Legislation of a Member State which excludes, for the determination of rights to a social benefit, family members of the holder of a single permit who do not reside in the territory of that Member State.

Directive 2011/98 / EU of the European Parliament and of the Council of 13 December 2011 relating to a single application procedure for the issue of a single permit that allows third-country nationals to reside and work in the territory of a Member State and in a whole common rights for third-country workers legally residing in a Member State.

Art. 12, of Directive 2011/98 / EC, relating to a single application procedure for the issue of a single permit that allows third-country nationals to reside and work in the territory of a Member State, must be interpreted in the sense that it prevents to a legislation of a Member State under which, for the purposes of determining the rights to a social security benefit, the family members of the holder of a single permit are not taken into consideration, pursuant to art. 2 of the directive in question, who reside not in the territory of that Member State, but in a third State, while the family members of the citizen of that Member State resident in a third State are taken into consideration.