# C_2015198EN.01000601.xml

| 15.6.2015 | EN | Official Journal of the European Union | C 198/6 |
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15.6.2015

EN

Official Journal of the European Union

C 198/6

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Judgment of the Court (Grand Chamber) of 14 April 2015 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Lourdes Cachaldora Fernández v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)

(Case C-527/13) (1)

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((Reference for a preliminary ruling - Male and female workers - Equal treatment in matters of social security - Directive 79/7/EEC - Article 4 - Directive 97/81/EC - UNICE, CEEP and ETUC Framework Agreement on part-time work - Calculation of benefit - System for inclusion of contribution gaps - Part-time workers and full-time workers))

(2015/C 198/07)

Language of the case: Spanish

Referring court

Referring court

Tribunal Superior de Justicia de Galicia

Parties to the main proceedings

Parties to the main proceedings

Applicant: Lourdes Cachaldora Fernández

Applicant:

Defendants: Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)

Defendants:

Operative part of the judgment

Operative part of the judgment

| 1. | 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 a rule of national law which provides that the contribution gaps existing within the reference period for calculating a contributory invalidity pension, after a period of part-time employment, are taken into account by using the minimum contribution bases applicable at any time, reduced as a result of the reduction coefficient of that employment, whereas, if those gaps follow full-time employment, there is no provision for such a reduction; |
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1.

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 a rule of national law which provides that the contribution gaps existing within the reference period for calculating a contributory invalidity pension, after a period of part-time employment, are taken into account by using the minimum contribution bases applicable at any time, reduced as a result of the reduction coefficient of that employment, whereas, if those gaps follow full-time employment, there is no provision for such a reduction;

| 2. | The Framework Agreement on part-time work, concluded on 6 June 1997, set out in the Annex to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, as amended by Council Directive 98/23/EC of 7 April 1998, must be interpreted as not applying to legislation of a Member State which provides that the contribution gaps existing within the reference period for calculating a contributory invalidity pension, after a period of part-time employment, are taken into account by using the minimum contribution bases applicable at any time, reduced as a result of the reduction coefficient of that employment, whereas, if those gaps follow full-time employment, there is no provision for such a reduction. |
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2.

The Framework Agreement on part-time work, concluded on 6 June 1997, set out in the Annex to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, as amended by Council Directive 98/23/EC of 7 April 1998, must be interpreted as not applying to legislation of a Member State which provides that the contribution gaps existing within the reference period for calculating a contributory invalidity pension, after a period of part-time employment, are taken into account by using the minimum contribution bases applicable at any time, reduced as a result of the reduction coefficient of that employment, whereas, if those gaps follow full-time employment, there is no provision for such a reduction.

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(1)  OJ C 9, 11.1.2014.

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