CELEX: 62018CA0161
Language: en
Date: 2019-05-08 00:00:00
Title: Case C-161/18: Judgment of the Court (Third Chamber) of 8 May 2019 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León -Spain) — Violeta Villar Láiz v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS) (Reference for a preliminary ruling — Equal treatment for men and women in matters of social security — Directive 79/7/EEC — Article 4 — Prohibition of any discrimination on the ground of sex — Indirect discrimination — Part-time work — Calculation of retirement pension)

8.7.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 230/13
            
         
      Judgment of the Court (Third Chamber) of 8 May 2019 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León -Spain) — Violeta Villar Láiz v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)
      (Case C-161/18) (1)
      
      (Reference for a preliminary ruling - Equal treatment for men and women in matters of social security - Directive 79/7/EEC - Article 4 - Prohibition of any discrimination on the ground of sex - Indirect discrimination - Part-time work - Calculation of retirement pension)
      (2019/C 230/15)
      Language of the case: Spanish
      
         Referring court
      
      Tribunal Superior de Justicia de Castilla y León
      
         Parties to the main proceedings
      
      
         Appellant: Violeta Villar Láiz
      
         Respondent: Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)
      
         Operative part of the judgment
      
      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 precluding legislation of a Member State, such as that at issue in the main proceedings, which provides that the amount of retirement pension based on contributions of a part-time worker is to be calculated by multiplying a basic amount, established from the remuneration actually received and contributions actually paid, by a percentage which relates to the length of the period of contribution, that period being itself modified, by a reduction factor equal to the ratio of the time of part-time work actually carried out to the time of work carried out by a comparable full-time worker, and increased by the application of a factor of 1.5, to the extent that that legislation places at a particular disadvantage workers who are women as compared with workers who are men.
      
         (1)  OJ C 190, 4.6.2018.