- This request for a preliminary ruling concerns the interpretation of Article 21 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and Article 4 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 (OJ 1979 L 6, p. 24).
- The request has been made in proceedings between Ms Violeta Villar Láiz, on the one hand, and the Instituto Nacional de la Seguridad Social (INSS) (National Institute of Social Security (INSS), Spain) and the Tesorería General de la Seguridad Social (TGSS) (General Social Security Fund (TGSS), Spain), on the other, in relation to the calculation of her retirement pension.
On those grounds, the Court (Third Chamber) hereby rules:
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 must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which provides that the amount of retirement pension based on contributions of a part-time worker is to be calculated by multiplying a basic amount, established from the remuneration actually received and contributions actually paid, by a percentage which relates to the length of the period of contribution, that period being itself modified, by a reduction factor equal to the ratio of the time of part-time work actually carried out to the time of work carried out by a comparable full-time worker, and increased by the application of a factor of 1.5, to the extent that that legislation places at a particular disadvantage workers who are women as compared with workers who are men.
1, 31, 33(2)