Tryfonidou Alina, Another failed opportunity for the effective protection of the rights of same-sex couples under EU law: Parris v Trinity College Dublin and Others

What happens when the interplay of a seemingly neutral rule of an occupational pension scheme and a Member State’s decision to afford legal recognition to same-sex relationships only after a certain date lead to a situation whereby LGB persons who are above a certain age are disadvantaged? Is this considered a breach of EU law?

The European Court of Justice (ECJ) was recently called on to consider this issue in the Parris case, which was a reference for a preliminary ruling by an Irish court. The Court was asked whether the contested occupational pension scheme rule, which provided that only members of the scheme who had entered into a marriage or civil partnership before a certain age could claim a survivor’s benefit for their (same-sex or opposite-sex) spouse or civil partner, was contrary to Directive 2000/78. The question was whether the contested rule gives rise to a) discrimination on the ground of sexual orientation, b) discrimination on the ground of age, or c) discrimination...