Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 11 April 2019 — Istituto Nazionale della Previdenza Sociale v WS

(Case C-302/19)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Appellant: Istituto Nazionale della Previdenza Sociale

Respondent and cross-appellant: WS

Question referred

Should Article 12(1)(e) of Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 ¹ and the principle of equal treatment for holders of single permits to reside and work and national citizens be interpreted to the effect that they preclude national legislation under which, unlike the provisions laid down for nationals of the Member State, the family members of a worker with a single permit from a third country are excluded when determining the members of the family unit, for the purpose of calculating the family unit allowance, where those family members live in the third country of origin?

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¹     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).