30However, in the third place, in order to determine whether, in the present case, Article 208(1)(c) of the LGSS involves, by itself, indirect discrimination contrary to Article 4(1) of Directive 79/7, it is appropriate to consider those persons whose requests for an early retirement pension would have been refused only under Article 208(1)(c), without taking into account those who do not fulfil, in addition to the condition set out in that provision, the conditions of access to such a pension with regards to age or the length of the contributory period set out in subparagraphs (a) and (b) of Article 208(1). Accordingly, as the INSS and the Spanish Government mention in their written observations, the existence or non-existence of such indirect discrimination can be established by taking into consideration, over the course of a year, the number of newly retired persons who fulfil the condition set out in Article 208(1)(b) of the LGSS, namely that contributions have been made for over 35 years, and who receive a pension supplement, compared to the total number of newly retired persons over the course of that same year.
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