Monitor Prawa Pracy

no. 2/2024

Non-discrimination in the light 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

DOI: 10.32027/MOPR.24.2.10
Monika Sowińska-Olek
Doktor nauk prawnych w Katedrze Prawa Pracy, Zakładzie Prawa Ubezpieczeń Społecznych i Polityki Społecznej, Uniwersytet Łódzki; radca prawny
Abstract

The purpose of the present article is to analyse the judgment of the Court of Justice of the European Union of 14 September 2023 in regard to the case C-113/22 addressing the issue of equal treatment between men and women in the field of social security. In this judgment, the Court of Justice indicates how Article 6 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 is to be interpreted in a case where an application by a male insured person for a pension supplement is refused by the competent authority on the basis of national legislation restricting the grant of that supplement to female insured persons only, even though that legislation constitutes direct discrimination on grounds of sex within the meaning of the above Directive.

Keywords
non-discrimination; equal treatment based on gender; social security.