In a judgment handed down on Thursday 14 September 2023 (case C-113/22), the Court of Justice of the European Union (CJEU) has clarified the obligations of Member States with regard to discrimination on the grounds of sex, particularly in relation to the Spanish pension system.
The issue dates back to a CJEU ruling issued in a judgment on 12 December 2019. The Court ruled that Spanish legislation, which granted supplementary invalidity pensions exclusively to mothers with two or more children, was contrary to the Directive on equal treatment for men and women in matters of social security (Council Directive 79/7/EEC, 19 December 1978).
The judgment of 14 September 2023 refines this position by addressing the situation of fathers who, after the 2019 decision, applied for recognition of the pension supplement. The Court highlighted the responsibility of national courts and administrative authorities.
They have an obligation to eliminate any discriminatory provision as soon as it is identified, without having to wait for legislation.
The CJEU also identified a form of “double discrimination”. Not only were fathers excluded from the pension supplement, but they were also forced to take legal action to assert their rights, incurring additional costs and delays.
The Court of Justice of the EU ruled that retroactive recognition of the right to a pension supplement alone was not sufficient. It insisted on the need for full financial compensation for the losses suffered, including legal costs.
See the Court’s judgment: https://aeur.eu/f/8kd (Original version in French by Nithya Paquiry)