# C_2019139EN.01002401.xml

| 15.4.2019 | EN | Official Journal of the European Union | C 139/24 |
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15.4.2019

EN

Official Journal of the European Union

C 139/24

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Request for a preliminary ruling from the Tribunal Superior de Justicia de Canarias (Spain) lodged on 21 December 2018 — KA v Instituto Nacional de la Seguridad Social (INSS) and Tesorería General de la Seguridad Social (TGSS)

(Case C-811/18)

(2019/C 139/23)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Canarias

Parties to the main proceedings

Appellant: KA

Respondents: Instituto Nacional de la Seguridad Social (INSS) and Tesorería General de la Seguridad Social (TGSS)

Questions referred

| 1. | Must Article 157 TFEU be interpreted as meaning that a ‘maternity supplement’ applicable to contributory retirement, survivor’s and permanent incapacity pensions, such as that at issue in the main proceedings, entitlement to which in the case of fathers in receipt of a pension who are able to prove that they have assumed the task of bringing up their children is absolutely and unconditionally excluded, is a cause of discrimination as regards remuneration between working mothers and working fathers? |
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1.

Must Article 157 TFEU be interpreted as meaning that a ‘maternity supplement’ applicable to contributory retirement, survivor’s and permanent incapacity pensions, such as that at issue in the main proceedings, entitlement to which in the case of fathers in receipt of a pension who are able to prove that they have assumed the task of bringing up their children is absolutely and unconditionally excluded, is a cause of discrimination as regards remuneration between working mothers and working fathers?

| 2. | Is the prohibition of discrimination on grounds of sex laid down in 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 (1) to be interpreted as precluding a national provision such as Article 60 of Royal Legislative Decree 8/2015 approving the consolidated text of the General Law on Social Security (Real Decreto legislativo 8/2015 por el que se aprueba el texto refundido de la Ley General de la Seguridad Social) of 30 October 2015, which absolutely and unconditionally excludes fathers in receipt of a pension, who are able to prove that they have assumed the task of bringing up their children, from entitlement to the credit it establishes for the purposes of calculating retirement, survivor’s and permanent incapacity pensions? |
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2.

Is the prohibition of discrimination on grounds of sex laid down in 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 (1) to be interpreted as precluding a national provision such as Article 60 of Royal Legislative Decree 8/2015 approving the consolidated text of the General Law on Social Security (Real Decreto legislativo 8/2015 por el que se aprueba el texto refundido de la Ley General de la Seguridad Social) of 30 October 2015, which absolutely and unconditionally excludes fathers in receipt of a pension, who are able to prove that they have assumed the task of bringing up their children, from entitlement to the credit it establishes for the purposes of calculating retirement, survivor’s and permanent incapacity pensions?

| 3. | Must Article 2(2), (3) and (4) and Article 5 of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, (2) vocational training and promotion, and working conditions be interpreted as precluding a measure like that at issue in the main proceedings which absolutely and unconditionally excludes fathers in receipt of a pension, who are able to prove that they have assumed the task of bringing up their children, from entitlement to the credit it establishes for the purposes of calculating retirement, survivor’s and permanent incapacity pensions? |
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3.

Must Article 2(2), (3) and (4) and Article 5 of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, (2) vocational training and promotion, and working conditions be interpreted as precluding a measure like that at issue in the main proceedings which absolutely and unconditionally excludes fathers in receipt of a pension, who are able to prove that they have assumed the task of bringing up their children, from entitlement to the credit it establishes for the purposes of calculating retirement, survivor’s and permanent incapacity pensions?

| 4. | Is the exclusion of the applicant from entitlement to the credit derived from the Spanish ‘maternity supplement’ contrary to the requirement of non-discrimination laid down in Article 21(1) of the Charter of Fundamental Rights of the European Union (2000/C 364/01)? |
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4.

Is the exclusion of the applicant from entitlement to the credit derived from the Spanish ‘maternity supplement’ contrary to the requirement of non-discrimination laid down in Article 21(1) of the Charter of Fundamental Rights of the European Union (2000/C 364/01)?

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(1)  OJ 1979 L 6, P. 24.

(2)  OJ 1976 L 39, p. 40.

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