This article is from 'bbc', was first published or seen on Tue Apr 01 16:02:08 UTC 2008 and has 2 versions.
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EU backs gay man's pension rightsTue Apr 01 16:10:22 UTC 2008 |
EU backs gay man's pension rightsTue Apr 01 17:40:59 UTC 2008 |
A gay man in Germany may be entitled to his dead partner's pension following a ruling by the highest court in the EU. | A gay man in Germany may be entitled to his dead partner's pension following a ruling by the highest court in the EU. |
| Tadao Maruko's partner died in 2005 but the pension fund refused him a widower's pension and the case was sent to the European Court of Justice (ECJ). | Tadao Maruko's partner died in 2005 but the pension fund refused him a widower's pension and the case was sent to the European Court of Justice (ECJ). |
| The court ruled that refusing a pension was direct discrimination if the partnership was comparable to marriage. | The court ruled that refusing a pension was direct discrimination if the partnership was comparable to marriage. |
| Mr Maruko's lawyers predict the case will have repercussions in EU countries where same-sex partnerships are legal. | Mr Maruko's lawyers predict the case will have repercussions in EU countries where same-sex partnerships are legal. |
| "I'm happy. It's a very important step," lawyer Helmut Graupner told the BBC News website. | "I'm happy. It's a very important step," lawyer Helmut Graupner told the BBC News website. |
| "This will help all those countries which have registered partnerships. It's the first time the ECJ has ruled in favour of same-sex couples." | "This will help all those countries which have registered partnerships. It's the first time the ECJ has ruled in favour of same-sex couples." |
| GAY MARRIAGES IN THE EU Full marriage recognised: Spain, Netherlands, BelgiumLegal partnerships similar to marriage: Germany, Sweden, Denmark, UK, Czech Republic, Slovenia, Hungary, Finland, PortugalCivil contracts: France, LuxembourgNo provision: Austria, Baltic states, Cyprus, Greece, Malta, Romania, Bulgaria, Italy, Ireland, Poland, Slovakia | |
| The court based its ruling on an EU directive which states that there should be no discrimination on the grounds of sexual orientation. | The court based its ruling on an EU directive which states that there should be no discrimination on the grounds of sexual orientation. |
| Although German law considers only heterosexual unions as marriage, the ruling makes it clear that any country in the EU that gives same-sex couples rights equivalent to marriage should treat the two as comparable. | Although German law considers only heterosexual unions as marriage, the ruling makes it clear that any country in the EU that gives same-sex couples rights equivalent to marriage should treat the two as comparable. |
| The European Commission welcomed the decision, but emphasised that national governments rather than the EU were in charge of legislation on family law. | The European Commission welcomed the decision, but emphasised that national governments rather than the EU were in charge of legislation on family law. |
| "It all depends on the law of the country. The right to a survivor's pension exists if the two regimes [marriage and gay partnership] are analogous," said commission spokesman Johannes Laitenberger. | "It all depends on the law of the country. The right to a survivor's pension exists if the two regimes [marriage and gay partnership] are analogous," said commission spokesman Johannes Laitenberger. |
| European repercussions | European repercussions |
| Mr Graupner said the ruling would have significant repercussions for the UK and Scandinavia where same-sex partners had "mirror institutions" to marriage, rather than French-style civil contracts. | Mr Graupner said the ruling would have significant repercussions for the UK and Scandinavia where same-sex partners had "mirror institutions" to marriage, rather than French-style civil contracts. |
| But he also suggested that indirectly it would help gay couples in countries where there was no equivalent to marriage. | But he also suggested that indirectly it would help gay couples in countries where there was no equivalent to marriage. |
| "The next case may be one of indirect discrimination, from a country that excludes same-sex partners from the rights and obligations of marriage. | "The next case may be one of indirect discrimination, from a country that excludes same-sex partners from the rights and obligations of marriage. |
| "The way out for such a country would mean they would have to provide the same benefits as other countries," he said. | "The way out for such a country would mean they would have to provide the same benefits as other countries," he said. |