Maruko v Versorgungsanstalt der deutschen Buhnen: ECJ 1 Apr 2008

ECJ Grand Chamber – Equal treatment in employment and occupation – Directive 2000/78/EC – Survivors’ benefits under a compulsory occupational pensions scheme Concept of ‘pay’ – Refusal because the persons concerned were not married Same-sex partners – Discrimination based on sexual orientation
It was for the national court to decide whether a surviving same sex ‘life partner’ was in a comparable situation to a surviving spouse for discrimination purposes. That decision is made for us by regulation 3(4). If they were in a comparable situation, then to treat a surviving life partner less favourably than a surviving spouse, by denying him a survivor’s pension, was direct discrimination within the meaning of the equal treatment directive, 2000/78

V Skouris, P
[2008] EUECJ C-267/06, [2008] 2 CMLR 32
Directive 2000/78/EC
OpinionMaruko v Versorgungsanstalt der deutschen Buhnen ECJ 6-Sep-2007
ECJ Pension paid by a compulsory occupational pension – Refusal survival due to the absence of marriage to same-sex partners Directive 2000/78 / EC Scope Exclusion of social security benefits Concept of pay – . .

Cited by:
CitedBull and Bull v Hall and Preddy CA 10-Feb-2012
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they . .
CitedBull and Another v Hall and Another SC 27-Nov-2013
The court was asked ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’ The defendants (Mr and Mrs Bull) appealed against a . .

Lists of cited by and citing cases may be incomplete.

European, Discrimination

Updated: 24 December 2021; Ref: scu.540515