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Case C-244/20: Judgment of the Court (Eighth Chamber) of 14 October 2021 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — F.C.I. v Instituto Nacional de la Seguridad Social (INSS) (Reference for a preliminary ruling — Directive 79/7/EEC — Article 3(2) — Equal treatment for men and women in matters of social security — Survivors’ benefits — Survivor’s pension based on a de facto partnership — Exclusion clause — Validity — Prohibition of any discrimination based on sex — Benefit which does not come within the scope of Directive 79/7 — Inadmissibility — Article 21(1) of the Charter of Fundamental Rights of the European Union — Non-discrimination on grounds of sex — Article 17(1) of the Charter of Fundamental Rights of the European Union — Right to property — Legal situation which does not come within the scope of EU law — Lack of jurisdiction)
ECLI:EU:UNKNOWN:62020CA0244
62020CA0244
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13.12.2021
Official Journal of the European Union
C 502/9
(Case C-244/20) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Directive 79/7/EEC - Article 3(2) - Equal treatment for men and women in matters of social security - Survivors’ benefits - Survivor’s pension based on a de facto partnership - Exclusion clause - Validity - Prohibition of any discrimination based on sex - Benefit which does not come within the scope of Directive 79/7 - Inadmissibility - Article 21(1) of the Charter of Fundamental Rights of the European Union - Non-discrimination on grounds of sex - Article 17(1) of the Charter of Fundamental Rights of the European Union - Right to property - Legal situation which does not come within the scope of EU law - Lack of jurisdiction)
(2021/C 502/12)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Appelant: F.C.I.
Respondent: Instituto Nacional de la Seguridad Social (INSS)
Operative part of the judgment
1.The first question referred for a preliminary ruling by the Tribunal Superior de Justicia de Cataluña (High Court of Justice of Catalonia, Spain) is inadmissible;
2.The Court of Justice of the European Union has no jurisdiction to answer the second to fourth questions referred for a preliminary ruling by the Tribunal Superior de Justicia de Cataluña (High Court of Justice of Catalonia).
Language of the case: Spanish.
OJ C 320, 28.9.2020.