Parris (Judgment) [2016] EUECJ C-443/15 (24 November 2016)

Parris (Judgment) [2016] EUECJ C-443/15 (24 November 2016)

A national rule requiring entry into a civil partnership before age 60 for survivor's pension eligibility does not constitute discrimination on grounds of sexual orientation or age under Directive 2000/78/EC, nor does the combination of these grounds create a new category of discrimination where neither exists in isolation.

Citation
[2016] EUECJ C-443/15
Parties
Applicant: David L. Parris; Respondent: Trinity College Dublin; Respondent: Higher Education Authority (Ireland); Respondent: Department of Public Expenditure and Reform (Ireland); Respondent: Department of Education and Skills (Ireland)
Jurisdiction
European Union
Judgment Date
24 November 2016
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (first Chamber)
Outcome
Reference answered; no discrimination found under Directive 2000/78/EC.
Legal Topics
Discrimination, Sexual Orientation, Age Discrimination, Occupational Pensions, Civil Partnership, Equal Treatment, Directive 2000/78/ec
European Union Law Employment Law Equality Law Discrimination Sexual Orientation Age Discrimination Occupational Pensions Civil Partnership +2 more

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Parties

David L. Parris

Applicant

Trinity College Dublin

Respondent

Higher Education Authority (Ireland)

Respondent

Department of Public Expenditure and Reform (Ireland)

Respondent

Department of Education and Skills (Ireland)

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (first Chamber)

Legal Issues

  1. 1 Whether a national rule requiring entry into a civil partnership before age 60 for survivor's pension eligibility constitutes discrimination on grounds of sexual orientation under Directive 2000/78/EC.
  2. 2 Whether such a rule constitutes discrimination on grounds of age under Directive 2000/78/EC, Article 6(2).
  3. 3 Whether the combined effect of age and sexual orientation can create a new category of discrimination under Directive 2000/78/EC.

Ratio Decidendi

A national rule requiring entry into a civil partnership before age 60 for survivor's pension eligibility does not constitute discrimination on grounds of sexual orientation or age under Directive 2000/78/EC, nor does the combination of these grounds create a new category of discrimination where neither exists in isolation.

Court Disposition

Reference answered; no discrimination found under Directive 2000/78/EC.

Orders

  • Article 2 of Directive 2000/78/EC does not preclude a national rule requiring entry into a civil partnership before age 60 for survivor's pension eligibility, even if national law did not allow such partnership before that age.
  • Articles 2 and 6(2) of Directive 2000/78/EC do not preclude such a rule as discrimination on grounds of age.