Request for a preliminary ruling from the Corte costituzionale (Italy) lodged on 27 February 2024 – Istituto nazionale della previdenza sociale (INPS) v V.M.

(Case C-151/24, Luevi ¹ )

Language of the case: Italian

Referring court ¹

Corte costituzionale

Parties to the main proceedings

Applicant: Istituto nazionale della previdenza sociale (INPS)

Defendant: V.M.

Question referred

Is 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 ¹ giving specific expression to the protection of the entitlement to social security benefits provided for in Article 34(1) and (2) of the Charter of Fundamental Rights of the European Union, to be interpreted as meaning that it covers assistance such as the social allowance under Article 3(6) of legge 8 agosto 1995, n. 335 (Riforma del sistema pensionistico obbligatorio e complementare) (Law No 335 of 8 August 1995 reforming the compulsory and complementary pension scheme), and does EU law therefore preclude national legislation which fails to extend to foreign nationals holding a single permit as referred to in that directive the assistance already granted to foreign nationals on condition that they hold a long-term resident’s EU residence permit?

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¹     The name of the present case is fictitious. It does not correspond to the real name of any of the parties to the proceedings.

¹     OJ 2011 L 343, p. 1.