# C_2015354EN.01002401.xml

| 26.10.2015 | EN | Official Journal of the European Union | C 354/24 |
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26.10.2015

EN

Official Journal of the European Union

C 354/24

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Reference for a preliminary ruling from The Labour Court, Ireland (Ireland) made on 13 August 2015 — Dr David L. Parris v Trinity College Dublin, Higher Education Authority, Department of Public Expenditure and Reform, Department of Education and Skills

(Case C-443/15)

(2015/C 354/26)

Language of the case: English

Referring court

Referring court

The Labour Court, Ireland

Parties to the main proceedings

Parties to the main proceedings

Applicant: Dr David L. Parris

Applicant:

Defendants: Trinity College Dublin, Higher Education Authority, Department of Public Expenditure and Reform, Department of Education and Skills

Defendants:

Questions referred

Questions referred

| 1. | Does it constitute discrimination on grounds of sexual orientation, contrary to Article 2 of Directive 2000/78/EC (1), to apply a rule in an occupational benefit scheme limiting the payment of a survivor’s benefit to the surviving civil partner of a member of the scheme on their death, by a requirement that the member and his surviving civil partner entered their civil partnership prior to the member’s 60th birthday in circumstances where they were not permitted by national law to enter a civil partnership until after the member’s 60th birthday and where the member and his civil partner had formed a committed life partnership before that date. |
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1.

Does it constitute discrimination on grounds of sexual orientation, contrary to Article 2 of Directive 2000/78/EC (1), to apply a rule in an occupational benefit scheme limiting the payment of a survivor’s benefit to the surviving civil partner of a member of the scheme on their death, by a requirement that the member and his surviving civil partner entered their civil partnership prior to the member’s 60th birthday in circumstances where they were not permitted by national law to enter a civil partnership until after the member’s 60th birthday and where the member and his civil partner had formed a committed life partnership before that date.

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If the answer to Question 1 is in the negative,

| 2. | Does it constitute discrimination on grounds of age, contrary to Article 2, in conjunction with Article 6(2) of Directive 2000/78/EC, for a provider of benefits under an occupational benefit scheme to limit an entitlement to a survivor’s pension to the surviving civil partner of a member of the scheme on the member’s death, by a requirement that the member and his civil partner entered their civil partnership before the member’s 60th birthday where






  (a) | The stipulation as to the age at which a member must have entered into a civil partnership is not a criterion used in actuarial calculations, and |
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2.

Does it constitute discrimination on grounds of age, contrary to Article 2, in conjunction with Article 6(2) of Directive 2000/78/EC, for a provider of benefits under an occupational benefit scheme to limit an entitlement to a survivor’s pension to the surviving civil partner of a member of the scheme on the member’s death, by a requirement that the member and his civil partner entered their civil partnership before the member’s 60th birthday where

(a)

The stipulation as to the age at which a member must have entered into a civil partnership is not a criterion used in actuarial calculations, and

| (b) | The member and his civil partner were not permitted by national law to enter a civil partnership until after the member’s 60th birthday and where the member and his civil partner had formed a committed life partnership before that date |
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(b)

The member and his civil partner were not permitted by national law to enter a civil partnership until after the member’s 60th birthday and where the member and his civil partner had formed a committed life partnership before that date

If the answer to questions 2 is in the negative:

| 3. | Would it constitute discrimination contrary to Article 2 in conjunction with Article 6(2) of Directive 2000/78/EC if the limitations on entitlements under an occupational benefit scheme described in either question 1 or question 2 arose from the combined effect of the age and sexual orientation of a member of the scheme? |
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3.

Would it constitute discrimination contrary to Article 2 in conjunction with Article 6(2) of Directive 2000/78/EC if the limitations on entitlements under an occupational benefit scheme described in either question 1 or question 2 arose from the combined effect of the age and sexual orientation of a member of the scheme?

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(1)  Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation OJ L 303, p. 16.

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