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Valentina R., lawyer
(Case C-267/06) (<span class="super">1</span>)
(Equal treatment in employment and occupation - Directive 2000/78/EC - Survivors' benefits under a compulsory occupational pensions scheme - Concept of ‘pay’ - Refusal because the persons concerned were not married - Same-sex partners - Discrimination based on sexual orientation)
(2008/C 128/09)
Language of the case: German
Applicant: Tadao Maruko
Defendant: Versorgungsanstalt der deutschen Bühnen
Reference for a preliminary ruling — Bayerisches Verwaltungsgericht München — Interpretation of Articles 1, 2(2)(a), 3(1)(c) and (3) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) — Meaning of pay — Registered partner excluded from receipt of a survivor's pension
1)A survivor's benefit granted under an occupational pension scheme such as that managed by the Versorgungsanstalt der deutschen Bühnen falls within the scope of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation;
2)The combined provisions of Articles 1 and 2 of Directive 2000/78 preclude legislation such as that at issue in the main proceedings under which, after the death of his life partner, the surviving partner does not receive a survivor's benefit equivalent to that granted to a surviving spouse, even though, under national law, life partnership places persons of the same sex in a situation comparable to that of spouses so far as concerns that survivor's benefit. It is for the referring court to determine whether a surviving life partner is in a situation comparable to that of a spouse who is entitled to the survivor's benefit provided for under the occupational pension scheme managed by the Versorgungsanstalt der deutschen Bühnen.
(<span class="note">1</span>) OJ C 224, 16.9.2006.