Opinion of the Advocate General — ECLI:EU:C:2007:486
Date: 2007-09-06
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Principles, objectives and tasks of the Treaties;Social Policy
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Social policy – Equal treatment in employment and occupation – Directive 2000/78 – Scope (Art. 141 EC; Council Directive 2000/78) 2. Social policy – Equal treatment in employment and occupation – Directive 2000/78 (Council Directive 2000/78, Arts 1 and 2) 1. A survivor’s benefit falls within the scope of Council Directive 2000/78 establishing a general framework for equal treatment in employment and occupation where that benefit is paid under an occupational pension scheme managed by a pension fund for a particular category of workers, where that scheme originates in a collective agreement which is designed to supplement the social security benefits payable under national legislation of general scope, where that scheme is financed exclusively by the workers and employers of the sector concerned, without any financial involvement by the State, and is aimed, according to that agreement, at that category of workers, and where the amount of the benefit concerned is determined by reference to the period of membership of the worker who was the partner of the entitled recipient and to the total amount of the contributions paid by that worker. Such a benefit must therefore be classified as pay within the meaning of Article 141 EC and that conclusion is not affected by the fact that the pension fund is a public body or by the fact that membership in the scheme giving entitlement to the survivor’s benefit is compulsory. (see paras 49-51, 53-57, 61, operative part 1) 2. The combined provisions of Articles 1 and 2 of Directive 2000/78 establishing a general framework for equal treatment in employment and occupation preclude legislation 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 pension fund concerned. (see paras 69, 73, operative part 2)