Discrimination on grounds of sexual orientation in relation to benefits
Dittrich, Klinke, Müller, C-124/11, C-125/11 and C-143/11, 6 December 2012
Facts:
Two of the applicants were federal public servants and one was a retired federal public servant. All of them unsuccessfully lodged applications with the Bundesrepublik Deutschland for assistance for medical expenses incurred by their respective civil partners (partnerships were concluded under the German registered partnership law). All of them were denied to be granted the assistance due to the fact that the personal scope of the law regulating the conditions of the benefits in question does not include (contrary to spouses) civil partners.
Findings of the court:
The Court ruled in favour of the complainants and stated that a financial benefit, such as the assistance granted to German federal public servants in the event of illness, under which a certain amount of health care expenses incurred by the public servant or certain members of his family are covered comes within the concept of ‘pay’. The Court stated that the benefit was granted to the worker by reason of his employment relationship and this implies protection against discrimination laid down by the Directive 2000/78/EC.
Implications:
The Court underlined that the employment benefits as those in question (assistance in case of illness) if regulated by law should be deemed as a component of pay (salary) not as a part of social security budget which is exempted from the material scope of the Directive. The benefit is provided by the State which acts in this case as an employer. However, it is for the national court to determine whether that is indeed the case.