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Document 62006CA0267
Case C-267/06: Judgment of the Court (Grand Chamber) of 1 April 2008 (Reference for a preliminary ruling from the Bayerisches Verwaltungsgericht München (Germany)) — Tadao Maruko v Versorgungsanstalt der deutschen Bühnen (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)
Case C-267/06: Judgment of the Court (Grand Chamber) of 1 April 2008 (Reference for a preliminary ruling from the Bayerisches Verwaltungsgericht München (Germany)) — Tadao Maruko v Versorgungsanstalt der deutschen Bühnen (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)
Case C-267/06: Judgment of the Court (Grand Chamber) of 1 April 2008 (Reference for a preliminary ruling from the Bayerisches Verwaltungsgericht München (Germany)) — Tadao Maruko v Versorgungsanstalt der deutschen Bühnen (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)
OJ C 128, 24.5.2008, p. 6–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 01/04/2008
- Date lodged:
- 20/06/2006
- Author:
- Court of Justice
- Form:
- Judicial information
- Authentic language:
- German
- Link
- Select all documents mentioning this document
- Case affecting:
-
- Interprets 32000L0078
- Interprets 32000L0078 article 1
- Interprets 32000L0078 article 2
- Instruments cited in case law:
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|
24.5.2008 |
EN |
Official Journal of the European Union |
C 128/6 |
Judgment of the Court (Grand Chamber) of 1 April 2008 (Reference for a preliminary ruling from the Bayerisches Verwaltungsgericht München (Germany)) — Tadao Maruko v Versorgungsanstalt der deutschen Bühnen
(Case C-267/06) (1)
(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)
(2008/C 128/09)
Language of the case: German
Referring court
Bayerisches Verwaltungsgericht München
Parties to the main proceedings
Applicant: Tadao Maruko
Defendant: Versorgungsanstalt der deutschen Bühnen
Re:
Reference for a preliminary ruling — Bayerisches Verwaltungsgericht München — Interpretation of Articles 1, 2(2)(a), 3(1)(c) and (3) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) — Meaning of pay — Registered partner excluded from receipt of a survivor's pension
Operative part of the judgment
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1) |
A survivor's benefit granted under an occupational pension scheme such as that managed by the Versorgungsanstalt der deutschen Bühnen falls within the scope of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation; |
|
2) |
The combined provisions of Articles 1 and 2 of Directive 2000/78 preclude legislation such as that at issue in the main proceedings 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 concerns that survivor's benefit. 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 managed by the Versorgungsanstalt der deutschen Bühnen. |
