Verdicts & victories (VII): Nieto Jones gets the INSS to compensate a pensioner with 1,800 euros for having rejected his request for the maternity supplement.

Following a lawsuit filed by Nieto Jones, the Social Court No. 1 of Palma de Mallorca has issued one of the first rulings condemning the INSS to pay 1,800 euros to a pensioner for having rejected his request for recognition of the maternity supplement and having forced him to bring it before the courts.

The Judgment recognises the right to compensation regardless of the fact that the INSS had recognised the pensioner’s right to the maternity supplement a few weeks before the date of the trial.

The recognition of this compensation is a consequence of the application of the CJEU Sentence 09/14/2023 (C-113-22). This Judgment establishes that, in the matter of maternity supplement claims, it is necessary to establish compensation to compensate for the damages actually suffered by the applicant who had his request denied and was forced to go to court.

The Supreme Court Judgment (Plenary Social Chamber) dated November 15, 2023 (977/2023), when interpreting the CJEU Judgment, sets the compensation at 1,800 euros for all cases.

You can read the ruling here.

At Nieto Jones we continue to defend the interests of pensioners, materializing their right to receive the maternity supplement.