Title: Attribution of pension after death to same-sex partner. First positive application of Directive 2008/78/CE

Date: 05/31/2008

Subject: The Court of Justice has for the first time applied the prohibition of discrimination according to sexual inclination granted by Directive 2008/78/CE, deciding on a case concerning pension rights of the registered partner and reverting its previous judgements. Even if the Court chose not to give relevance to the 22nd “considered”, which excludes from the scope of the Directive national norms on civil status and rights deriving from this, the definition of the case in terms of discrimination leaves unresolved the question concerning comparability of registered union and marriage in national legislation

Original language: Italian

Classification: Equality - Art. 21 Non discrimination

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