Abstract/Summary

What happens when the interplay of a seemingly neutral rule of an occupational pension scheme and a Member State’s decision to afford legal recognition to same-sex relationships only after a certain date lead to a situation whereby LGB persons who are above a certain age are disadvantaged? Is this considered a breach of EU law? The European Court of Justice (ECJ) was recently called on to consider this issue in the Parris case, which was a reference for a preliminary ruling by an Irish court. The Court was asked whether the contested occupational pension scheme rule, which provided that only members of the scheme who had entered into a marriage or civil partnership before a certain age could claim a survivor’s benefit for their (same-sex or opposite-sex) spouse or civil partner, was contrary to Directive 2000/78. The question was whether the contested rule gives rise to a) discrimination on the ground of sexual orientation, b) discrimination on the ground of age, or c) discrimination on the combined grounds of age and sexual orientation.