Judgment of the Court of 7 January 2004 in Case C-117/01 (Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division): K.B. v National Health Service Pensions Agency, Secretary of State for Health (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)
Date: 2004-02-21
Institutions: Court of Justice
Subjects: interpretation of the law, pension scheme, sexual discrimination, survivor's benefit, widowed person

21.2.2004

EN

Official Journal of the European Union

C 47/3

The principle of cooperation arising from Article 10 EC imposes on
an administrative body an obligation to review a final administrative
decision, where an application for such review is made to it, in order
to take account of the interpretation of the relevant provision given in
the meantime by the Court where

— under national law, it has the power to reopen that decision;

— the administrative decision in question has become final as a
result of a judgment of a national court ruling at final instance;

— that judgment is, in the light of a decision given by the Court
subsequent to it, based on a misinterpretation of Community
law which was adopted without a question being referred to the
Court for a preliminary ruling under Article 234(3) EC; and

— the person concerned complained to the administrative body
immediately after becoming aware of that decision of the Court.

(1) OJ C 61 of 24.2.2001.

JUDGMENT OF THE COURT

of 7 January 2004

in Case C-117/01 (Reference for a preliminary ruling from
the Court of Appeal (England & Wales) (Civil Division):
K.B. v National Health Service Pensions Agency, Secretary
of State for Health (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)

(2004/C 47/04)

(Language of the case: English)

In Case C-117/01: Reference to the Court under Article 234
EC by the Court of Appeal of 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 interpret-
ation 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,
composed of: V. Skouris, President, C.W.A. Timmermans,
J.N. Cunha Rodrigues (Rapporteur) and A. Rosas (Presidents
of Chambers), D.A.O. Edward, J.-P. Puissochet, F. Macken,
N. Colneric and S. von Bahr, Judges; D. Ruiz-Jarabo Colomer,

Advocate General; L. Hewlett, Principal Administrator, for the
Registrar, has given a judgment on 7 January 2004, in which
it has ruled:

Article 141 EC, in principle, precludes legislation, such as that at
issue before the national court, which, in breach of the European
Convention for the Protection of Human Rights and Fundamental
Freedoms, signed in Rome on 4 November 1950, prevents a couple
such as K.B. and R. from fulfilling the marriage requirement which
must be met for one of them to be able to benefit from part of the
pay of the other. It is for the national court to determine whether in a
case such as that in the main proceedings a person in K.B.’s situation
can rely on Article 141 EC in order to gain recognition of her right
to nominate her partner as the beneficiary of a survivor’s pension.

(1) OJ C 150 of 19.5.2001.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 11 December 2003

in Case C-215/01 (Reference for a preliminary ruling from
the Amtsgericht Augsburg): Bruno Schnitzer (1)

(Freedom to provide services — Directive 64/427/EEC —
Skilled services in the plastering trade — National rules
requiring foreign skilled-trade undertakings to be entered on
the trades register — Proportionality)

(2004/C 47/05)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-215/01: Reference to the Court under Article 234
EC by the Amtsgericht Augsburg (Germany) for a preliminary
ruling in the proceedings before that court against Bruno
Schnitzer, on the interpretation of Articles 49 EC, 50 EC, 54
EC and 55 EC and Council Directive 64/427/EEC of 7 July
1964 laying down detailed provisions concerning transitional
measures in respect of activities of self-employed persons in
manufacturing and processing industries falling within ISIC
Major Groups 23-40 (Industry and small craft industries) (OJ,
English Special Edition 1963-1964, p. 148), the Court (Fifth
Chamber), composed of: D.A.O. Edward (Rapporteur), acting
for the President of the Fifth Chamber, A. La Pergola and
S. von Bahr, Judges; J. Mischo, Advocate General; L. Hewlett,
Principal Administrator, for the Registrar, has given a judgment
on 11 December 2003, in which it has ruled: