K. B. (Social policy) [2004] EUECJ C-117/01 (07 January 2004)

K. B. (Social policy) [2004] EUECJ C-117/01 (07 January 2004)

Article 141 EC, in principle, precludes national legislation that, in breach of the ECHR, prevents a couple such as K. B. and R. from fulfilling the marriage requirement necessary for one to benefit from the other's pay via a survivor's pension. It is for the national court to determine if K. B. can rely on Article 141 EC to nominate her partner as beneficiary.

Citation
[2004] EUECJ C-117/01
Parties
Claimant: K. B.; Respondent: NHS Pensions Agency; Respondent: Secretary of State for Health
Jurisdiction
European Union
Judgment Date
07 January 2004
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference From Court of Appeal of England and Wales (civil Division) to Court of Justice of the European Communities
Outcome
Preliminary ruling: Article 141 EC, in principle, precludes such national legislation; determination left to national court.
Legal Topics
Equal Pay, Sex Discrimination, Gender Reassignment, Pension Rights, Marriage Requirements, Transgender Rights
European Union Law Employment Law Human Rights Law Equal Pay Sex Discrimination Gender Reassignment Pension Rights Marriage Requirements +1 more

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Parties

K. B.

Claimant

NHS Pensions Agency

Respondent

Secretary of State for Health

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference From Court of Appeal of England and Wales (civil Division) to Court of Justice of the European Communities

Legal Issues

  1. 1 Does the exclusion of a female-to-male transsexual partner from survivor's pension benefits under the NHS Pension Scheme constitute sex discrimination under Article 141 EC and Directive 75/117/EEC?

Ratio Decidendi

Article 141 EC, in principle, precludes national legislation that, in breach of the ECHR, prevents a couple such as K. B. and R. from fulfilling the marriage requirement necessary for one to benefit from the other's pay via a survivor's pension. It is for the national court to determine if K. B. can rely on Article 141 EC to nominate her partner as beneficiary.

Court Disposition

Preliminary ruling: Article 141 EC, in principle, precludes such national legislation; determination left to national court.

Orders

  • It is for the national court to determine whether K. B. can rely on Article 141 EC to nominate her partner as beneficiary of a survivor's pension.