Request for a preliminary ruling from the Juzgado de lo Social n.º 41 de Madrid (Spain) lodged on 20 November 2019 — JL v Fondo de Garantía Salarial (Fogasa)

(Case C-841/19)

Language of the case: Spanish

Referring court

Juzgado de lo Social n.º 41 de Madrid

Parties to the main proceedings

Applicant: JL

Defendant: Fondo de Garantía Salarial (Fogasa)

Question referred

The question referred is whether Article 4(1) of Directive 79/7/EEC 1 and Article 2(1) of Directive 2006/54/EC 2 of the European Parliament and of the Council of 5 July 2006 should be interpreted as precluding a legislative provision of a Member State ( such as that at issue in the main proceedings, under which, as regards the amount which FOGASA 3 is liable to pay a part-time worker, the worker’s base wages, which are reduced due to the part-time nature of the employment, are reduced again when calculating FOGASA’s liability under Article 33 of the Workers’ Statute, because the part-time factor is applied for a second time, as compared with a comparable full-time worker, in so far as that provision disadvantages female workers as compared with male workers.

____________

1     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 (OJ 1979, L 6, p. 24).

2     Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23).

3     Fondo de Garantía Salarial (Wages Guarantee Fund).