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Parliamentary questions
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30 October 2014
Question for written answer E-008556-14
to the Commission
Rule 130
Maria Arena (S&D) , Sergio Gutiérrez Prieto (S&D) , Iratxe García Pérez (S&D)

 Subject:  Indirect discrimination in the calculation of invalidity pensions in Spain
 Answer in writing 

On 9 October, the Advocate General of the Court of Justice of the European Union delivered his opinion in Case C-527/13, ruling that a provision of Spanish law introduced indirect discrimination against women, and thus breached Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. This was because the method used for calculating invalidity pensions penalised part-time workers, the majority of whom are women, and thus reduced their pension disproportionately.

This instance of discrimination was brought to light following a complaint made by a female Spanish worker who felt that she had been wronged. However, if she had not acted, this infringement could have gone unpunished.

In light of the opinion delivered in this case, does the Commission intend:
1. to examine the equivalent laws in force in the other Member States in order to ascertain whether Spain is the only Member State to have breached Directive 2006/54/EC?
2. to propose, as part of recommendations specific to each Member State, concrete measures for promoting decent jobs for all and discouraging part-time employment contracts, given that it was such a contract that led to the discrimination cited above?
3. to amend Directive 2006/54/EC in order to clarify what constitutes an instance of discrimination, thereby ensuring that each instance is penalised accordingly?
Original language of question: FR 
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