Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 04/01/2008

Subject: This judgment is an evolution of the case law of the Court of justice. The Court affirmed that the Directive establishing a general framework for equal treatment in employment and occupation precludes legislation such as the German one under which, after the death of his life partner, the surviving partner does not receive a survivor’s benefit equivalent to that granted to a surviving spouse, even though, under national law, life partnership places persons of the same sex in a situation comparable to that of spouses so far as it concerns that survivor’s benefit. The Court concluded that it is for the referring court to determine whether a surviving life partner is in a situation comparable to that of a spouse who is entitled to the survivor’s benefit provided for under the occupational pension scheme. If the referring court decides that surviving spouses and surviving life partners are in a comparable situation so far as it concerns that survivor’s benefit, legislation such as that at issue in the main proceedings must, as a consequence, be considered to constitute direct discrimination on the grounds of sexual orientation.

Parties: Tadao Maruko

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 34 Social security - Social services for old age

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