Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid (Spain) lodged on 12 October 2023 – XXX v Instituto Nacional de la Seguridad Social (INSS)

(Case C-626/23, Sergamo ¹ )

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Madrid

Parties to the main proceedings

Applicant: XXX

Defendant: Instituto Nacional de la Seguridad Social (INSS)

Question referred

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, ¹ 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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¹ The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

¹ OJ 1979 L 6.