Order — ECLI:EU:C:2015:771
Date: 2015-11-17
Language of the case: Spanish
Court formation: Seventh Chamber
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary — Order of the Court (Seventh Chamber), 17 November 2015 Social policy — Equal treatment for men and women in matters of social security — Directive 79/7 —National legislation providing for a maximum amount of unemployment benefit —Legislation applying, to that amount, a reduction coefficient for part time work corresponding to the relationship between the working hours of part-time employees and the working hours of a comparable full-time employee —No discrimination —Whether such legislation is permissible (Council Directive 79/7, Art. 4(1)) Article 4(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security does not preclude a provision of national law under which, in order for the amount of the benefit for total unemployment to be received by an employee following the loss of her only part-time employment to be calculated, a reduction coefficient for part-time work that corresponds to the percentage represented by the part-time working hours in relation to the hours completed by a comparable worker employed full-time is applied to the maximum amount of unemployment benefit laid down by law. Such a provision cannot be regarded as predominantly placing at a disadvantage a particular category of employees, in this case those working part-time and, in particular, women. It cannot therefore be regarded as being an indirectly discriminatory measure within the meaning of Article 4(1) of Directive 79/7. (see paras 29, 30, operative part)