The European Court of Justice rules that the extra pension for mothers discriminates against men.

BrusselsNew setback for European justice against the Spanish government's attempts to reducing the gender gap in pensionsThe Court of Justice of the European Union (CJEU) ruled this Thursday that the child pension supplement intended specifically for mothers discriminates against men and, therefore, violates EU equality regulations. "The Spanish law constitutes direct discrimination based on sex," ruled the highest court in Luxembourg.

Specifically, the European Court finds it discriminatory that mothers automatically receive a monthly bonus of €35.90 per child (with a maximum of four children), while men must meet certain requirements. The main condition that fathers must meet is that they must have had their professional life cut short by having one or more children, and, for example, have been out of work for at least 120 days during the nine months prior to the birth or during the three years following.

It should be noted that the Spanish government's intention was for this pension supplement to be received primarily by women, and its objective was to reduce the gender gap in pension benefits between men and women throughout the country. That's why it is primarily received by mothers. In fact, only one parent can receive it, and it is automatically granted to the mother.

However, this is not the first time that the European courts have struck down this measure in Spain. On December 12, 2019, the CJEU ruled that this pension supplement was discriminatory against men. The government of Pedro Sánchez modified it in 2021 and included the possibility that their parents could also benefit.

However, the Moncloa government imposed more conditions on fathers than mothers for receiving the pension bonus, which the Luxembourg court has again denied. "The modifications introduced have not put an end to men receiving less favorable treatment than women," the CJEU ruling states, concluding that "the measure cannot be justified to protect women on the grounds of their maternity."

The complaint against the regulations reached Luxembourg through a case from Pamplona Social Court No. 3, which referred a preliminary question to the CJEU because it continued to consider the supplement discriminatory for men. This is a case of a man who effectively dedicated himself to caring for his children but does not meet the requirements, so the mother receives the bonus, not him.