P v S and Cornwall County Council. (Social policy) [1996] EUECJ C-13/94 (30 April 1996)

P v S and Cornwall County Council. (Social policy) [1996] EUECJ C-13/94 (30 April 1996)

Article 5(1) of Council Directive 76/207/EEC precludes dismissal of a transsexual for a reason related to gender reassignment, as such discrimination is essentially based on sex and falls within the scope of the Directive.

Source-derived case information.

Citation
[1996] EUECJ C-13/94
Parties
Applicant: P.; Respondent: S.; Respondent: Cornwall County Council
Jurisdiction
European Union
Judgment Date
30 April 1996
Procedural Posture
Preliminary Ruling / Reference From Industrial Tribunal, Truro
Outcome
Preliminary ruling: Article 5(1) of Directive 76/207/EEC precludes dismissal of a transsexual for a reason related to gender reassignment.
Legal Topics
Equal Treatment, Sex Discrimination, Gender Reassignment, Dismissal, Council Directive 76/207/eec
European Union Law Employment Law Anti Discrimination Law Equal Treatment Sex Discrimination Gender Reassignment Dismissal Council Directive 76/207/eec

Source-derived case record

Summary, issues, holding and outcome

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Parties

P.

Applicant

S.

Respondent

Cornwall County Council

Respondent

Procedural Posture

Preliminary Ruling / Reference From Industrial Tribunal, Truro

Legal Issues

  1. 1 Does dismissal of a transsexual for a reason related to gender reassignment constitute a breach of Council Directive 76/207/EEC?
  2. 2 Does Article 5(1) of the Directive preclude such dismissal as discrimination on grounds of sex?

Ratio Decidendi

Article 5(1) of Council Directive 76/207/EEC precludes dismissal of a transsexual for a reason related to gender reassignment, as such discrimination is essentially based on sex and falls within the scope of the Directive.

Court Disposition

Preliminary ruling: Article 5(1) of Directive 76/207/EEC precludes dismissal of a transsexual for a reason related to gender reassignment.

Orders

  • Article 5(1) of the Directive precludes dismissal of a transsexual for a reason related to gender reassignment.