38In the second place, in order to assess whether the national legislation at issue in the main proceedings is such as to place female workers at a particular disadvantage as compared with male workers, it should be noted that the existence of such a particular disadvantage might be established, in particular, if it were proved that such legislation is to the disadvantage of a significantly greater proportion of persons of one sex as compared with persons of the other sex (see, to that effect, judgment of 21 January 2021, INSS, C‑843/19, EU:C:2021:55, paragraph 25).
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