CJEU Advocate General’s opinion -Spanish benefit that can only be claimed by women is in breach of Directive 79/7/EEC
In Case C‑450/18, Advocate General concludes that -
‘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 is to be interpreted as precluding a national provision such as the one at issue in the present case, which, on the one hand, confers the right to receive a pension supplement on women who are mothers of two or more children and who become entitled to a contributory permanent incapacity pension after its entry into force, but, on the other hand, does not contain any possibility to grant that right to men in any situation.’
The CJEU has followed the Advocate General’s opinion, ruling in C-450/18 that -
‘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 meaning that it precludes national legislation, such as that at issue in the main proceedings, which makes provision for the right to a pension supplement for women who have had at least two biological or adopted children and who are in receipt of contributory permanent incapacity pensions under a scheme within the national social security system, while men in an identical situation do not have a right to such a pension supplement.’
Main issues are summarised in the CJEU press release.