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(Reference for a preliminary ruling - Social policy - Equal treatment for men and women in matters of social security - Directive 79/7/EEC - Article 4(1) - Indirect discrimination on ground of sex - Method of calculating the pension for permanent incapacity as a result of an accident at work - Taking into account the actual remuneration on the date of the accident at work - Reduction in working hours to care for children under the age of 12)
(C/2025/2827)
Language of the case: Spanish
Applicants: Asepeyo Mutua Colaboradora de la Seguridad Social n67 151, KT
Defendants: Instituto Nacional de la Seguridad Social (INSS), Tesorereda General de la Seguridad Social (TGSS), Alcampo SA, legal sucessor to Supermercados Sabeco SA and Asepeyo Mutua Colaboradora de la Seguridad Social n67 151
Article 4(1) of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security
must be interpreted as not precluding legislation of a Member State which provides that a permanent incapacity pension as a result of an accident at work is calculated on the basis of the salary actually received by the worker on the date of the accident, including a worker who benefited, on that date, from a measure for the reduction in working hours to care for a child, in a situation where the group of workers who benefit from such a measure are predominantly female.
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(1) OJ C C/2024/933.
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ELI: http://data.europa.eu/eli/C/2025/2827/oj
ISSN 1977-091X (electronic edition)
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