CELEX: 62016CA0451
Language: en
Date: 2018-06-26 00:00:00
Title: Case C-451/16: Judgment of the Court (Grand Chamber) of 26 June 2018 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — MB v Secretary of State for Work and Pensions (Reference for a preliminary ruling — Directive 79/7/EEC — Equal treatment for men and women in matters of social security — National State pension scheme — Conditions for recognition of change of gender — National legislation under which such recognition is subject to the annulment of any marriage entered into before that change of gender — Refusal to grant a person who has changed gender a State retirement pension as from the pensionable age for persons of the gender acquired — Direct discrimination on grounds of sex)

201808030102050042018/C 294/064512016CJC29420180820EN01ENINFO_JUDICIAL201806265622Case C-451/16: Judgment of the Court (Grand Chamber) of 26 June 2018 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — MB v Secretary of State for Work and Pensions (Reference for a preliminary ruling — Directive 79/7/EEC — Equal treatment for men and women in matters of social security — National State pension scheme — Conditions for recognition of change of gender — National legislation under which such recognition is subject to the annulment of any marriage entered into before that change of gender — Refusal to grant a person who has changed gender a State retirement pension as from the pensionable age for persons of the gender acquired — Direct discrimination on grounds of sex)
 ---documentbreak--- C2942018EN520120180626EN00065262Judgment of the Court (Grand Chamber) of 26 June 2018 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — MB v Secretary of State for Work and Pensions
   (Case C-451/16) (
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      )
   ‛(Reference for a preliminary ruling — Directive 79/7/EEC — Equal treatment for men and women in matters of social security — National State pension scheme — Conditions for recognition of change of gender — National legislation under which such recognition is subject to the annulment of any marriage entered into before that change of gender — Refusal to grant a person who has changed gender a State retirement pension as from the pensionable age for persons of the gender acquired — Direct discrimination on grounds of sex)’2018/C 294/06Language of the case: English
      Referring court
   
   Supreme Court of the United Kingdom
   
      Parties to the main proceedings
   
   
      Appellant: MB
   
      Respondent: Secretary of State for Work and Pensions
   
      Operative part of the judgment
   
   Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, in particular the first indent of Article 4(1), read in conjunction with the third indent of Article 3(1)(a) and Article 7(1)(a) thereof, must be interpreted as precluding national legislation which requires a person who has changed gender not only to fulfil physical, social and psychological criteria but also to satisfy the condition of not being married to a person of the gender that he or she has acquired as a result of that change, in order to be able to claim a State retirement pension as from the statutory pensionable age applicable to persons of his or her acquired gender.
   (
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      )	OJ C 383, 17.10.2016.