On 12 December the Court of Justice of the European Union (CJEU) ruled that employees who enter into a civil partnership with a partner of the same sex must be granted the same benefits as those granted to their colleagues upon their marriage, where marriage is not possible for same sex couples.
The case concerned an individual in a civil partnership with a same-sex partner whose employer granted certain benefits to employees on the event of their marriage such as special leave days and a salary bonus. The claimant Mr Hay was denied these benefits upon entering into a civil partnership on the grounds that they applied only to marriage.
The Court considered the civil partnership regime in France (at the time it was not possible for same-sex partners to marry in France) and concluded that civil partnerships and marriages are comparable for the purposes of the grant of benefits.
The court held that the terms of his employment, which provided for paid leave and a bonus for employees who marry whereas marriage is not possible for persons of the same sex, gives rise to direct discrimination based on sexual orientation against same sex couples in a civil partnership. The court ruled that as there were no overriding reasons in the public interest justifying the unfavourable treatment, the disputed provision violates EU law.
Click here to read a press release from the CJEU about the case.