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Document 62001CJ0117
Judgment of the Court of 7 January 2004.#K.B. v National Health Service Pensions Agency and Secretary of State for Health.#Reference for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom.#Article 141 EC - Directive 75/117/EEC - Equal treatment for men and women - Transsexual partner not entitled to a survivor's pension payable solely to a surviving spouse - Discrimination on grounds of sex.#Case C-117/01.
Presuda Suda od 7. siječnja 2004.
K.B. protiv National Health Service Pensions Agency i Secretary of State for Health.
Zahtjev za prethodnu odluku: Court of Appeal (England & Wales) (Civil Division) - Ujedinjena Kraljevina.
Članak 141. UEZ-a - Direktiva 75/117/EEZ.
Predmet C-117/01.
Presuda Suda od 7. siječnja 2004.
K.B. protiv National Health Service Pensions Agency i Secretary of State for Health.
Zahtjev za prethodnu odluku: Court of Appeal (England & Wales) (Civil Division) - Ujedinjena Kraljevina.
Članak 141. UEZ-a - Direktiva 75/117/EEZ.
Predmet C-117/01.
ECLI identifier: ECLI:EU:C:2004:7
«(Article 141 EC – Directive 75/117/EEC – Equal treatment for men and women – Transsexual partner not entitled to a survivor's pension payable solely to a surviving spouse – Discrimination on grounds of sex)»
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(Art. 141 EC)
JUDGMENT OF THE COURT
7 January 2004 (1)
((Article 141 EC – Directive 75/117/EEC – Equal treatment for men and women – Transsexual partner not entitled to a survivor's pension payable solely to a surviving spouse – Discrimination on grounds of sex))
In Case C-117/01, REFERENCE to the Court under Article 234 EC by the Court of Appeal (England and Wales) (Civil Division) for a preliminary ruling in the proceedings pending before that court between K.B.and
National Health Service Pensions Agency,Secretary of State for Health, on the interpretation of Article 141 EC and of Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ 1975 L 45, p. 19),THE COURT,,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of K. B., represented by L. Cox and T. Eicke, of the United Kingdom Government, represented by J.E. Collins and N. Paines QC, and of the Commission, represented by J. Sack and L. Flynn, acting as Agents, at the hearing on 23 April 2002,
after hearing the Opinion of the Advocate General at the sitting on 10 June 2003,
gives the following
On those grounds,
THE COURT,
in answer to the question referred to it by the Court of Appeal (England and Wales) (Civil Division) by order of 14 December 2000, hereby rules:
Skouris |
Timmermans |
Cunha Rodrigues |
Rosas |
Edward |
Puissochet |
Macken |
Colneric |
von Bahr |
R. Grass |
V. Skouris |
Registrar |
President |