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Case C-350/20: Judgment of the Court (Grand Chamber) of 2 September 2021 (request for a preliminary ruling from the Corte costituzionale — Italy) — O.D. and Others v Istituto nazionale della previdenza sociale (INPS) (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 — Regulation (EC) No 883/2004 — Coordination of social security systems — Article 3 — Maternity and paternity benefits — Family benefits — Legislation of a Member State excluding third-country nationals holding a single permit from entitlement to a childbirth allowance and a maternity allowance)
ECLI:EU:UNKNOWN:62020CA0350
62020CA0350
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15.11.2021
Official Journal of the European Union
C 462/21
(Case C-350/20)
(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 - Regulation (EC) No 883/2004 - Coordination of social security systems - Article 3 - Maternity and paternity benefits - Family benefits - Legislation of a Member State excluding third-country nationals holding a single permit from entitlement to a childbirth allowance and a maternity allowance)
(2021/C 462/21)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: O.D., R.I.H.V., B.O., F.G., M.K.F.B., E.S., N.P, S.E.A.
Defendant: Istituto nazionale della previdenza sociale (INPS)
Intervener: Presidenza dei Consiglio dei Ministri
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 national legislation which excludes the third-country nationals referred to in Article 3(1)(b) and (c) of that directive from entitlement to a childbirth allowance and a maternity allowance provided for by that legislation.
(1) OJ C 329, 5.10.2020.