Request for a preliminary ruling from the Juzgado de lo Social de Gerona (Spain) lodged on 9 July 2018 — WA v Instituto Nacional de la Seguridad Social

(Case C-450/18)

(2018/C 399/26)

Language of the case: Spanish

Referring court

Juzgado de lo Social de Gerona

Parties to the main proceedings

Applicant: WA

Defendant: Instituto Nacional de la Seguridad Social

Question referred

Does a national legislative provision (specifically, Article 60(1) of the Ley General de Seguridad Social (General Law on Social Security)) which grants the right to receive a pension supplement –– in view of their contribution to social security in terms of demographics –– to women who have had biological or adopted children and are in receipt of a contributory retirement, widow’s or permanent incapacity pension under any scheme within the social security system, but, on the other hand, does not grant that right to men in an identical situation, infringe the principle of equal treatment which prohibits all discrimination on grounds of sex, enshrined in Article 157 of the Treaty on the Functioning of the European Union and in Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, as amended by Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 (1) and recast by Directive 2006/54/EC (2) 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?

---

(1)  Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 2002 L 269, p. 15).

(2)  Directive 2006/54/EC of the European Parliament and of the Council 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 (OJ 2006 L 204, p. 23).