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DOI: 10.5553/EELC/187791072023008004027

European Employment Law CasesAccess_open

Pending Cases

Case C-626/23, Gender Discrimination, Social Insurance

XXX – v – INSS, reference lodged by the Tribunal Superior de Justicia de Madrid (Spain) on 12 October 2023

Keywords Gender Discrimination, Social Insurance
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, "Case C-626/23, Gender Discrimination, Social Insurance", European Employment Law Cases, 4, (2023):200-200

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      Must 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, and Articles 20, 21 and 23 and Article 34(1) of the Charter of Fundamental Rights of the European Union be interpreted as meaning that they preclude national legislation, such as that at issue in the main proceedings, which establishes the right to a pension supplement for recipients of contributory retirement pensions who have had biological or adopted children, which is granted automatically to women, while, in the case of men, they are required either to be in receipt of a widower’s pension on account of the death of the other parent, with one of the children being in receipt of an orphan’s pension, or to have had their professional career interrupted or harmed (as provided for by law and described previously) on account of the birth or adoption of the child?


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