Case C-841/19, Gender discrimination

The question referred is whether Article 4(1) of Directive 79/7/EEC and Article 2(1) of Directive 2006/54/EC 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 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.