Opinion of the Advocate General — ECLI:EU:C:2019:696
Date: 2019-09-10
Language of the case: Spanish
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Spain

summary, in order to give judgment in the present proceedings, it is necessary, 
first of all, to decide on a number of questions concerning the interpretation of 
provisions of Community law, having regard to the legal provisions referred to 
and other generally applicable, relevant provisions. 
On those grounds, 
This court DECIDES to refer the following question to the Court of Justice of the 
European Union for a preliminary ruling: 
Does a national legislative provision (specifically, Article 60(1) of the Ley 
General de Seguridad Social (General Law on Social Security)) which grants the 
right to receive a pension supplement –– in view of their contribution to social 
security in terms of demographics –– to [Or. 15] women who have had biological 
or adopted children and are in receipt of a contributory retirement, widow’s or 
permanent incapacity pension under any scheme within the social security system, 
but, on the other hand, does not grant that right to men in an identical situation, 
infringe the principle of equal treatment which prohibits all discrimination on 
grounds of sex, enshrined in Article 157 of the Treaty on the Functioning of the 
European Union and in 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, vocational training and promotion, and working 
conditions, as amended by Directive 2002/73/EC of the European Parliament and 
of the Council of 23 September 2002 and recast by Directive 2006/54/EC of 
5 July 2006 on the implementation of the principle of equal opportunities and 
equal treatment of men and women in matters of employment and occupation? 
[Closing standard wording and signatures] 
[…] [Or. 16]