11 Juin European Court of Justice – june 2025
Reference for a preliminary ruling – Social policy – Directive 79/7/EEC – Equal treatment for men and women in matters of social security – Article 4(1) and (2) – Article 7(1) – National legislation providing for a pension supplement awarded to women who are in receipt of contributory retirement pensions and have had one or more biological or adopted children – Possibility of awarding such a supplement to men subject to additional requirements – Direct discrimination on grounds of sex – Article 23 of the Charter of Fundamental Rights of the European Union – Positive action measures.
ECJ, 15 May 2025, Joined Cases C 623/23 and C 626/23, Melbán.
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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, in particular Article 4 and Article 7(1)(b) thereof, read in the light of Article 23 of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding national legislation pursuant to which, with a view to reducing the gender gap in connection with social security benefits which is attributable to the bringing-up of children, a pension supplement is awarded to women who are in receipt of a contributory retirement pension and who have had one or more children, whereas the award of that supplement to men placed in an identical situation is subject to additional requirements relating to whether their professional career was interrupted or affected by the birth or adoption of their children.
Directive 79/7 must be interpreted as not precluding that, in the event that a request for a pension supplement, made by a father pursuant to national legislation found to constitute direct discrimination on grounds of sex within the meaning of that directive, is rejected, and where the father must, accordingly, be awarded that supplement under the conditions applicable to mothers, such an award gives rise to the withdrawal of the pension supplement already granted to the mother, where, under the terms of that legislation, that supplement may only be awarded to the parent who is in receipt of a pension the amount of which is the lower, and that parent is the father.
References for a preliminary ruling – Social policy – Fixed-term work – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4(1) – Principle of non-discrimination against fixed-term workers – Scope – Concept of an ‘employment condition’ – Fixed-term agricultural labourers – Social security contributions calculated on the basis of remuneration – Remuneration of fixed-term agricultural workers established on the basis of daily working hours completed – Remuneration of permanent agricultural workers established on the basis of a fixed daily working time.
ECJ, 8 May 2025, Joined Cases C 212/24, C 226/24 and C 227/24, LT.
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Clause 4(1) of the framework agreement on fixed-term work concluded on 18 March 1999, which is annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as precluding national legislation, as interpreted by a supreme national court, under which social security contributions payable by employers who employ fixed-term agricultural workers in order to finance benefits under an occupational social security scheme are calculated on the basis of the remuneration paid to those workers for the daily working hours which they have actually completed, whereas the social security contributions payable by employers who employ permanent agricultural workers are calculated on the basis of remuneration established for a fixed daily working time, as established by national law, irrespective of the hours actually completed.
