Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/25/2020

Subject: The Court affirmed that Directive 2003/109/EC concerning 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 determining entitlement to a social security benefit, the family members of a long-term resident who do not reside in the territory of that Member State, but in a third country are not taken into account, whereas the family members of a national of that Member State who reside in a third country are taken into account, where that Member State has not expressed its intention of relying on the derogation to equal treatment permitted by that directive by transposing it into national law

Parties: Istituto Nazionale della Previdenza Sociale (Prestations familiales pour les résidents de longue durée)

Classification: Solidarity - Art. 34 Social security - Citizens’ rights - Art. 45 Freedom of residence

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