argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: invalidity - supplementary pension - equal treatment men-women

On 12 December 2019, in the judgment stated in case no. C-450/18, the E.U. Court of Justice has been called upon to provide clarifications regarding the refusal to grant supplementary pensions to a working father from women who have had at least two children, biological or adopted. In January 2017, the National Social Security Institute of Spain (INSS) granted the worker a pension for permanent incapacity for absolute work, equal to 100% of the calculation basis. The worker filed a complaint against this decision claiming that, since he is the father of two daughters, he should have received, on the basis of Spanish law, a supplement to the pension equal to 5% of the initial amount of the latter since recognized to the women who are mothers of at least two children and who are holders of contributory pensions, in particular of permanent disability, under a scheme of the Spanish social security system. The E.U. Court of Justice has held that the Directive on equal treatment of men and women in matters of social security precludes national legislation that provides for the right to supplement the pension for women who have had at least two biological children or adopted and are holders, under a scheme of the national social security system, of contributory pensions of permanent disability, while it does not recognize this right to men who are in an identical situation.