Discrimination on grounds of sexual orientation in relation to employment pensions
Facts:
In 2001 Mr Maruko entered into a life partnership with his partner, comparable to a marriage as the German law permitted such partnerships. In 2005 Maruko’s partner died.
Maruko applied for a widower’s pension but his application was rejected on grounds that the regulations did not provide for such an entitlement for surviving life partners. At issue was whether such treatment was direct or indirect sexual orientation discrimination under the Framework Directive.
Findings of the court:
A survivor’s benefit under an occupational pension scheme is “pay” within the meaning of Article 141 of the TEU and Article 3(1)(a) of the Directive, and as a result, within the scope of the Directive.
Recital 22 (which states that the Directive is without prejudice to national laws on marital status and the dependent benefits) does not mean survivor’s benefits are outside the scope of the Directive.
If the national court finds that surviving spouses and surviving life partners are “in a comparable situation so far as it concerns that survivor’s benefit”, legislation that does not provide the same benefit is direct discrimination on grounds of sexual orientation.
Implications:
The decision is of importance to any Member State where the government has provided gay partners the right to marry or to form some other type of partnership similar to marriage. If heterosexual and homosexual couples are in comparable situations, Member States will need to ensure they do not discriminate between the rights and benefits provided to the heterosexual and homosexual couples.