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Case C-217/08: Order of the Court (Seventh Chamber) of 17 March 2009 (reference for a preliminary ruling from the Tribunale ordinario di Milano, Italy) — Rita Mariano v Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (INAIL) (Article 104(3) of the Rules of Procedure — Equal treatment in employment matters — Articles 12 EC and 13 EC — Grant of survivor’s benefit — National provision laying down differences in treatment between surviving spouses and surviving cohabitees)
ECLI:EU:UNKNOWN:62008CB0217
62008CB0217
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Official Journal of the European Union
C 180/24
(Case C-217/08)
(Article 104(3) of the Rules of Procedure - Equal treatment in employment matters - Articles 12 EC and 13 EC - Grant of survivor’s benefit - National provision laying down differences in treatment between surviving spouses and surviving cohabitees)
2009/C 180/41
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Rita Mariano
Defendant: Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (INAIL)
Re:
Reference for a preliminary ruling — Tribunale Ordinario di Milano — Interpretation of Articles 12 and 13 EC — Equal treatment in employment matters — Grant of survivor’s benefit — National provision laying down differences in treatment between surviving spouses and surviving partners who were in a life partnership.
Operative part
The application, which the courts of Member States must ensure, of the prohibition under Community law of all discrimination is not mandatory where the allegedly discriminatory treatment contains no link with Community law. In circumstances such as those at issue in the main proceedings, no such link arises from Articles 12 EC and 13 EC in themselves.
Those articles do not preclude, in those circumstances, national rules under which, in the event of the death of a person as a result of an accident, a pension amounting to 50 % of the remuneration received by that person before his death is paid solely to his surviving spouse and the infant child of the deceased receives only a pension amounting to 20 % of that remuneration.
(1) OJ C 197, 02.08.2008.