Early retirement on grounds of activity and the principle of non-discrimination. Analysis of the Ruling of the Supreme Court (Contentious-Administrative Chamber, 4th section) no. 1140/2022, of 14 September

Abstract

The issue analysed in the ruling in question is to determine whether there was discrimination due to unequal treatment, based on Art. 14 EC, in the failure to recognise the right to early retirement on the grounds of activity in respect of a member of the Mossos d’Esquadra police force in relation to the Ertzaintza police force. Thus, the inactivity of the Administration could have led to a situation of unequal treatment of the interested party by prejudicing the date on which it would be entitled, given the identity of functions between the police forces subject to comparison, to access to this type of retirement. It is unique in this case that the appellant requests the determination and cessation of the unequal treatment received when, at the date of the ruling, such cessation has already taken place. It is not appropriate, as the plaintiff claims, to award any compensation, since the acknowledgement of having temporarily suffered unjustified discrimination serves as legal and moral satisfaction.