Language of document :

Request for a preliminary ruling from the Juzgado de lo Social n.º 1 de Barcelona (Spain) lodged on 11 June 2020 – HV v Instituto Nacional de la Seguridad Social (INSS)

(Case C-258/20)

Language of the case: Spanish

Referring court

Juzgado de lo Social n.º 1 de Barcelona

Parties to the main proceedings

Applicant: HV

Defendant: Instituto Nacional de la Seguridad Social (INSS)

Question referred

Is 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 1 to be interpreted as precluding a national provision, like that at issue in the main proceedings (Article 60(4) TRLGSS), which provides that women who have had at least two biological or adopted children and are recipients of contributory retirement pensions are entitled to a pension supplement, whereas other women who are in identical circumstances and who, as a result of the fact that they are women, are faced with identical difficulties as regards remaining in the employment market, are not entitled to such a retirement pension supplement because they have taken voluntary early retirement which, by law, is subject to greater contribution conditions than an ordinary pension and identical or very similar age conditions?

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1 OJ 1979 L 6, p. 24.