CELEX: 62019CA0843
Language: en
Date: 2021-01-21 00:00:00
Title: Case C-843/19: Judgment of the Court (Eighth Chamber) of 21 January 2021 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — Instituto Nacional de la Seguridad Social (INSS) v BT (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) — Voluntary early retirement — Early retirement pension — Eligibility — Requirement for the pension amount to be received to be at least as much as the legal minimum amount — Proportion of workers of each sex excluded from the benefit of early retirement — Justification of a potential particular disadvantage to female workers — Social policy objectives of the Member State concerned)

8.3.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 79/15
            
         
      Judgment of the Court (Eighth Chamber) of 21 January 2021 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — Instituto Nacional de la Seguridad Social (INSS) v BT
      (Case C-843/19) (1)
      
      (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) - Voluntary early retirement - Early retirement pension - Eligibility - Requirement for the pension amount to be received to be at least as much as the legal minimum amount - Proportion of workers of each sex excluded from the benefit of early retirement - Justification of a potential particular disadvantage to female workers - Social policy objectives of the Member State concerned)
      (2021/C 79/18)
      Language of the case: Spanish
      
         Referring court
      
      Tribunal Superior de Justicia de Cataluña
      
         Parties to the main proceedings
      
      
         Applicant: Instituto Nacional de la Seguridad Social (INSS)
      
         Defendant: BT
      
         Operative part of the judgment
      
      Article 4(1) of Council Directive 79/7 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 meaning that it does not preclude national legislation which, in the event of voluntary early retirement of a worker enrolled in the general social security scheme, makes that worker’s right to an early retirement pension contingent on the condition that the amount of that pension must be at least as much as the minimum pension to which that worker would be entitled at the age of 65, even if that law puts at a particular disadvantage female workers compared with male workers, which is for the referring court to verify, in so far as that consequence is justified by legitimate social policy objectives which are unrelated to any discrimination based on sex.
      
         (1)  OJ C 54, 17.2.2020.