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Case C-450/18: Judgment of the Court (First Chamber) of 12 December 2019 (request for a preliminary ruling from the Juzgado de lo Social No 3 de Gerona — Spain) — WA v Instituto Nacional de la Seguridad Social (Reference for a preliminary ruling — Social policy — Directive 79/7/EEC — Equal treatment for men and women in matters of social security — Article 4(1) and (2) — Article 7(1) — Calculation of benefits — Directive 2006/54/EC — Equal treatment of men and women in matters of employment and occupation — National legislation granting a right to a pension supplement for women who have had at least two biological or adopted children, and who are in receipt of a contributory permanent incapacity pension — Same right not granted to men in an identical situation — Comparable situation — Direct discrimination on grounds of sex — No exceptions)
ECLI:EU:UNKNOWN:62018CA0450
62018CA0450
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17.2.2020
Official Journal of the European Union
C 54/7
(Case C-450/18) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Social policy - Directive 79/7/EEC - Equal treatment for men and women in matters of social security - Article 4(1) and (2) - Article 7(1) - Calculation of benefits - Directive 2006/54/EC - Equal treatment of men and women in matters of employment and occupation - National legislation granting a right to a pension supplement for women who have had at least two biological or adopted children, and who are in receipt of a contributory permanent incapacity pension - Same right not granted to men in an identical situation - Comparable situation - Direct discrimination on grounds of sex - No exceptions)
(2020/C 54/08)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: WA
Defendant: Instituto Nacional de la Seguridad Social
Operative part of the judgment
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 meaning that it precludes national legislation, such as that at issue in the main proceedings, which makes provision for the right to a pension supplement for women who have had at least two biological or adopted children and who are in receipt of contributory permanent incapacity pensions under a scheme within the national social security system, while men in an identical situation do not have a right to such a pension supplement.
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Language of the case: Spanish.
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(<span class="super note-tag">1</span>) OJ C 399, 5.11.2018.