Case C‑584/23
Asepeyo Mutua Colaboradora de la Seguridad Social no 151 and KT
v
Instituto Nacional de la Seguridad Social (INSS) and Others
(Request for a preliminary ruling from the Juzgado de lo Social no 3 de Barcelona)
Judgment of the Court (Sixth Chamber) of 10 April 2025
( Reference for a preliminary ruling – Social policy – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Indirect discrimination on ground of sex – Method of calculating the pension for permanent incapacity as a result of an accident at work – Taking into account the actual remuneration on the date of the accident at work – Reduction in working hours to care for children under the age of 12 )
1.        Social policy – Equal treatment for men and women in matters of social security – Directive 79/7 – Scope – Pensions for permanent incapacity as a result of an accident at work aimed at protecting members against the risk of an accident at work and invalidity – Included
(Council Directive 79/7, Art. 4(1))
(see paragraphs 24-26)
2.        Social policy – Equal treatment for men and women in matters of social security – Directive 79/7 – National legislation providing for the calculation of a permanent incapacity pension as a result of an accident at work on the basis of the salary received on the date of the accident – Worker benefiting from a measure for the reduction in working hours to care for a child – Indirect discrimination – None – Verification by the referring court
(Council Directive 79/7, Art. 4(1))
(see paragraphs 40-48, operative part)
See the text of the decision.