In a decree rendered on December 12, the European Court of Justice declared that the provision of a collective agreement excluding same-sex partners who have entered into a civil union from the benefit of advantages such as days of special leave and a salary bonus, as those granted to employees on the occasion of their marriage, represented direct discrimination. However, this doesn’t apply when the national regulations of the Member State concerned does not allow same-sex partners to get married. (Ref. 130798)
Facts. This case is part of a dispute between an employee at a Crédit agricole subsidiary and his employer. The latter refused, after the employee entered into a civil union (PACS), to grant him the days of special leave and a salary bonus provided for in the collective agreement, reserved for employees on the occasion of their marriage. The plaintiff referred to Directive 2000/78 that prohibits discrimination, notably on the ground of sexual orientation.
Direct discrimination. Pointing out t
…Do you have information to share with us?