European Employment Law Cases, Issue 1 2020
Case C-843/19, Social insurance, pension, gender discrimination
Does EU law preclude a provision of national law such as Article 208(1)(c) of the 2015 Ley General de la Seguridad Social (General Law on Social Security), which stipulates that, in order for anyone enrolled in the General Scheme to be able to take voluntary early retirement, the pension payable, calculated in the standard way without any minimum pension supplement, must be at least as much as the minimum pension, inasmuch as it indirectly discriminates against women enrolled in the General Scheme, since it affects a far greater number of women than men?