The compatibility of the increase in the Spanish total permanent disability pension with a retirement pension from another European Union member state: The consolidation of a change in jurisprudential criteria with possible repercussion at a regulatory level

Abstract

The paper sets out to highlight the consolidation of the change of jurisprudential criteria of the Spanish Supreme Court regarding the compatibility of the increase in the Spanish total permanent disability pension with a retirement pension from another European Union member state after the CJEU ruling of 15 March 2018 (C-431/16) and its possible repercussion at a regulatory level, as said compatibility is based on the absence, in Spanish legislation, of a specific provision that declares the incompatibility between the receipt of a non-Spanish retirement pension with the 20% increase in the Spanish total permanent disability pension.