40In a situation where, as in the present case, statistical evidence is available to the national court, the Court of Justice has held (i) that it is for that national court to take into account all those workers subject to the national legislation in which the difference in treatment has its origin, and (ii) that the best approach to the comparison is to compare the respective proportion of workers who are and are not affected by the alleged difference in treatment among the women in the workforce who come within the scope of that legislation with the same proportion of men in the workforce coming within that scope (judgment of 21 January 2021, INSS, C‑843/19, EU:C:2021:55, paragraph 26).
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