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Case C-527/13: Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain) lodged on 7 October 2013 — Lourdes Cachaldora Fernandez v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)
ECLI:EU:UNKNOWN:62013CN0527
62013CN0527
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11.1.2014
Official Journal of the European Union
C 9/17
(Case C-527/13)
2014/C 9/26
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Lourdes Cachaldora Fernandez
Defendants: Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)
Questions referred
1.Is a national provision, such as additional provision 7(1), rule 3(b) of Spain’s General Law on Social Security, contrary to Article 4 of Council Directive 79/7 (1) of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, in that it affects a group comprising mainly women, and according to which contribution gaps existing within the period for calculating the reference base of a permanent invalidity contributory pension, after a period of part-time employment, are covered by taking the minimum contribution bases applicable at any time, reduced as a result of the partiality coefficient of the employment before the contribution gap, whereas if the employment is full-time, there is no reduction?
2.Is a national provision, such as additional provision 7(1), rule 3(b) of Spain’s General Law on Social Security, contrary to clause 5(1)(a) of Council Directive 97/81/EC (2) of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, in that it affects a group comprising mainly women, and according to which contribution gaps existing within the period for calculating the reference base of a permanent invalidity contributory pension, after a period of part-time employment, are covered by taking the minimum contribution bases applicable at any time, reduced as a result of the partiality coefficient of the employment before the contribution gap, whereas if it the employment is full-time, there is no reduction?
(1) OJ 1979 L 6, 10.1.1979, p. 24.
(2) OJ 1998 L 14, 20.1.1998, p. 9.
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