Case C-385/11: Reference for a preliminary ruling from the Juzgado de lo Social de Barcelona (Spain) lodged on 19 July 2011 — Isabel Elbal Moreno v Instituto Nacional de la Seguridad Social (INSS) and Tesorería General de la Seguridad Social (TGSS)
Date: 2011-07-19
Institutions: Court of Justice
Subjects: Spain, interpretation of the law, part-time employment, pension scheme








C_2011290EN.01000302.xml










1.10.2011   


EN


Official Journal of the European Union


C 290/3





Reference for a preliminary ruling from the Juzgado de lo Social de Barcelona (Spain) lodged on 19 July 2011 — Isabel Elbal Moreno v Instituto Nacional de la Seguridad Social (INSS) and Tesorería General de la Seguridad Social (TGSS)
(Case C-385/11)
2011/C 290/05
Language of the case: Spanish

Referring court

Juzgado de lo Social de Barcelona

Parties to the main proceedings


Applicant: Isabel Elbal Moreno

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

Questions referred







1.


Does a contributory retirement pension such as the one provided for under the Spanish Social Security system on the basis of the contributions made by and on behalf of the worker during his working life fall within the concept of ‘employment conditions’ to which the prohibition of discrimination in Clause 4 of [the Framework Agreement annexed to] Directive 97/81 (1) refers?










2.


If the first question were to be answered in the affirmative and a contributory retirement pension such as that governed by the Spanish Social Security system were to be regarded as falling within the concept of ‘employment conditions’ referred to in Clause 4 of [the Framework Agreement annexed to] Directive 97/81, is the prohibition of discrimination laid down in that clause to be interpreted as preventing or precluding national legislation which — as a consequence of the double application of the ‘pro rata temporis principle’ — requires a proportionally greater contribution period from a part-time worker than from a full-time worker for the former to qualify, if appropriate, for a contributory retirement pension in an amount reduced in proportion to the part-time nature of his work?










3.


As a supplementary question to the previous ones, may rules such as the Spanish rules (contained in the 7th Additional Provision of the General Law on Social Security) governing the method of contribution, access and quantification with regard to the contributory retirement pension for part-time workers be considered to be among the ‘aspects and conditions of remuneration’ to which the prohibition of discrimination in Article 4 of Directive 2006/54 (2), and Article 157 TFEU (formerly Article 141 EC), refer?










4.


As an alternative question to the previous ones, in the event that the Spanish contributory retirement pension were not regarded either as a ‘condition of employment’ or as ‘pay’: Is the prohibition of discrimination on ground of sex, either directly or indirectly, laid down in Article 4 of Directive 79/7 (3) to be interpreted as preventing or precluding national legislation which — as a consequence of the double application of the ‘pro rata temporis principle’ — requires a proportionally greater contribution period from part-time workers (the vast majority of whom are women) than from full-time workers for the former to qualify, if appropriate, for a contributory retirement pension in an amount reduced in proportion to the part-time nature of their work?






(1)  Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Annex: Framework agreement on part-time work (OJ 1998 L 14, p. 9).

(2)  Directive 2006/54/EC of the European Parliament and of the Council 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 (recast) (OJ 2006 L 204, p. 23).

(3)  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 (OJ 1979 L 6, p. 24).