Judgment of the Court (Sixth Chamber) of 12 May 2021 (request for a preliminary ruling from the Juzgado de lo Social No 3 de Barcelona — Spain) — YJ v Instituto Nacional de la Seguridad Social (INSS)

(Case C-130/20) (1)

(Reference for a preliminary ruling - Equal treatment for men and women in matters of social security - Directive 79/7/EEC - Article 4(1) - Discrimination on ground of sex - National legislation providing for a pension maternity supplement to be granted to women who have had a certain number of children - Exclusion from entitlement to that pension supplement of women who have requested early retirement - Scope of Directive 79/7EEC)

(2021/C 278/28)

Language of the case: Spanish

Referring court

Juzgado de lo Social No 3 de Barcelona

Parties to the main proceedings

Applicant: YJ

Defendant: Instituto Nacional de la Seguridad Social (INSS)

Operative part of the judgment

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 does not apply to national legislation which provides that women who have had at least two biological or adopted children are entitled to a pension maternity supplement in the event of retirement at the statutory age or early retirement on certain grounds laid down by law, but not if the person concerned voluntarily takes early retirement.

---

(1)  OJ C 201, 15.6.2020.