I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
(2016/C 410/08)
Language of the case: Italian
Applicant: Kerly Del Rosario Martinez Silva
Defendants: Istituto nazionale della previdenza sociale (INPS), Comune di Genova
1)Does a benefit such as that provided for in Article 65 of Law No 448/1998, known as ‘assegno ai nuclei familiari con almeno tre figli minori’ (allowance for households with at least three minor children), constitute a family benefit within the meaning of Article 3(1)(j) of Regulation (EC) No 883/2004? (1)
2)If the answer to the first question is in the affirmative, does the principle of equal treatment laid down in Article 12(1)(e) of Directive 2011/98/EU (2) preclude legislation, such as the Italian legislation at issue, under which a third-country worker in possession of a ‘single work permit’ (which is valid for a period of more than six months) is not eligible for the ‘assegno per i nuclei familiari con almeno tre figli minori’, even though she lives with three or more minor children and her income is below the statutory limit?
(1) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).
(2) 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 (OJ 2011 L 343, p. 1).
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