New challenge to the regulation of pensions in Spain. The general counsel of Court of Justice of the European Union (CJEU) Gerard Hogan has concluded that the Spanish regulation on early retirement discriminates against wage earners who have worked up in other European countries. In particular, charges against the norm of Social Security that prevents taking into account the pension that corresponds to him abroad when calculating the minimum amount to be able to access the retirement before the ordinary age.
The attorney general's conclusions are not binding, although they tend to advance the final meaning of the CJEU ruling. The community court must rule on the question submitted by the Superior Court of Justice of Galicia (TSJG), on the case of two people who had worked for a time in Germany and were denied by the National Social Security Institute early retirement for not accounting for the provision of the German system.
They consider that it is discriminatory for the worker who has quoted in other European countries
In Spain, to receive retirement before ordinary age, Social Security establishes that the amount of the benefit must be greater than the amount of the minimum pension that would correspond to the interested party due to their family situation at the age of 65. A pensioner with at least 65 years of age and dependent spouse receives 835.80 euros per month this month. In Spain, if the amount is below this minimum for having paid for a very low salary or for a period not broad enough, the State provides a supplement until reaching the aforementioned threshold.
The Advocate General points out that a Member State has the capacity to establish the right to receive a minimum pension and to set the necessary requirements to benefit from early retirement. However, it conditions it not to place limits on the right to free movement of workers. In addition, it highlights that the TSJG itself has already clarified that, with the sum of the benefits of Spain and Germany, the affected workers do not have the right to a Social Security supplement, so it does not place a burden on the public coffers.