Judgment_paragraph 16 · Kerly Del Rosario Martinez Silva v Istituto nazionale della previdenza sociale (INPS) and Comune di Genova (C-449/16)

16Citing the judgment of 24 April 2012, Kamberaj (C‑571/10, EU:C:2012:233), the referring court considers, next, that none of the limitations of the principle of equal treatment provided for in Article 12(2)(b) of Directive 2011/98 applies in the main proceedings, since the Italian Republic did not intend to exercise the option under that provision of restricting the application of that principle and, moreover, Mrs Martinez Silva is not in any of the situations mentioned in the second indent of that provision, as she is the holder of a single work permit valid for longer than six months. It considers that she is therefore among the persons to whom the principle of equal treatment applies.

Kerly Del Rosario Martinez Silva v Istituto nazionale della previdenza sociale (INPS) and Comune di Genova (C-449/16)

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