CELEX: 62006CA0267
Language: en
Date: 2008-04-01 00:00:00
Title: Case C-267/06: Judgment of the Court (Grand Chamber) of 1 April 2008 (Reference for a preliminary ruling from the Bayerisches Verwaltungsgericht München (Germany)) — Tadao Maruko v Versorgungsanstalt der deutschen Bühnen (Equal treatment in employment and occupation — Directive 2000/78/EC — Survivors' benefits under a compulsory occupational pensions scheme — Concept of pay — Refusal because the persons concerned were not married — Same-sex partners — Discrimination based on sexual orientation)

24.5.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 128/6
            
         Judgment of the Court (Grand Chamber) of 1 April 2008 (Reference for a preliminary ruling from the Bayerisches Verwaltungsgericht München (Germany)) — Tadao Maruko v Versorgungsanstalt der deutschen Bühnen
   (Case C-267/06) (1)
   
   (Equal treatment in employment and occupation - Directive 2000/78/EC - Survivors' benefits under a compulsory occupational pensions scheme - Concept of ‘pay’ - Refusal because the persons concerned were not married - Same-sex partners - Discrimination based on sexual orientation)
   (2008/C 128/09)
   Language of the case: German
   Referring court
   Bayerisches Verwaltungsgericht München
   Parties to the main proceedings
   
      Applicant: Tadao Maruko
   
      Defendant: Versorgungsanstalt der deutschen Bühnen
   Re:
   Reference for a preliminary ruling — Bayerisches Verwaltungsgericht München — Interpretation of Articles 1, 2(2)(a), 3(1)(c) and (3) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) — Meaning of pay — Registered partner excluded from receipt of a survivor's pension
   Operative part of the judgment
   
               1)
            
            
               A survivor's benefit granted under an occupational pension scheme such as that managed by the Versorgungsanstalt der deutschen Bühnen falls within the scope of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation;
            
         
               2)
            
            
               The combined provisions of Articles 1 and 2 of Directive 2000/78 preclude legislation such as that at issue in the main proceedings 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 Versorgungsanstalt der deutschen Bühnen.
            
         
      (1)  OJ C 224, 16.9.2006.