Case C-527/13: 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) (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)
Date: 2015-04-14
Institutions: Court of Justice
Subjects: EU law - national law, disability insurance, equal treatment, framework agreement, full-time employment, gender equality, interpretation of the law, part-time employment, social-security contribution








C_2015198EN.01000601.xml










15.6.2015   


EN


Official Journal of the European Union


C 198/6





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)

((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

Tribunal Superior de Justicia de Galicia

Parties to the main proceedings


Applicant: Lourdes Cachaldora Fernández

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

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;










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.






(1)  OJ C 9, 11.1.2014.