In a decision of April 1, the Court of Justice recognized the existence of indirect discrimination in reserving the widower's pension paid as part of an occupational pension scheme to the surviving spouse and in excluding same-sex civil partners. For the first time, the CJEC defined indirect discrimination in terms of discrimination based on sexual orientation and, by doing so, questions equal treatment between same-sex spouses and registered partners in terms of occupational pensions and also, as a result, advantages granted directly or indirectly by employers. (Ref. 080260)
Directive 2000/78 prohibits discrimination – direct or
indirect – based on sexual orientation in terms of employment and working
conditions. It is on this text that Mr.
Maruko started proceedings
against the German Theatre Pension Institution which denied his entitlement to
a widower’s pension on the grounds that its regulations did not provide for
such an entitlement for surviving “life partners” (registered civil partnership
system enforced in Germany)
of the insured person, but only
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