Judgment of the Court (Eighth Chamber) of 22 November 2012 (reference for a preliminary ruling from the Juzgado de lo Social de Barcelona — Spain) — Isabel Elbal Moreno v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)

(Case C-385/11) (1)

(Article 157 TFEU - Directive 79/7/EEC - Directive 97/81/EC - Framework Agreement on part-time work - Directive 2006/54/EC - Contributory retirement pension - Equal treatment for male and female workers - Indirect discrimination on grounds of sex)

2013/C 26/20

Language of the case: Spanish

Referring court

Juzgado de lo Social de Barcelona

Parties to the main proceedings

Applicant: Isabel Elbal Moreno

Defendants: Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS)

Re:

Reference for a preliminary ruling — Juzgado de lo Social de Barcelona — Interpretation of Clause 4(1), of the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, Annex to Council Directive 97/81/EC of 15 December 1997 (OJ 1998 L 14, p. 9), of 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) and of Article 4 of Directive 2006/54/EC of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (OJ 2006 L 204, p. 23) — Concept of employment condition — Contributory retirement pension calculated on the basis of the Spanish statutory rules and contributions paid by and on behalf of the employee — Discrimination against part-time workers

Operative part of the judgment

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 must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, legislation of a Member State which requires a proportionally greater contribution period from part-time workers, the vast majority of whom are women, than from full-time workers for the former to qualify, if appropriate, for a contributory retirement pension in an amount reduced in proportion to the part-time nature of their work.

(1)  OJ C 290, 1.10.2011.