ECJ: New judgments on free movement and discrimination


The Court has rejected the latest arguments to strike down the 'reverse discrimnation' rule in free movement law - as argued by A-G Sharpston

JUDGMENT OF THE COURT (Grand Chamber) 1 April 2008
 
(Care insurance scheme established by a federated entity of a Member State – Exclusion of persons residing in part of the national territory other than that falling within the competence of that entity –Articles 18 EC, 39 EC and 43 EC – Regulation (EEC) No 1408/71)
 
In Case C-212/06,

REFERENCE for a preliminary ruling under Article 234 EC, by the Cour d’arbitrage, now the Cour constitutionnelle (Belgium), made by decision of 19 April 2006, received at the Court on 10 May 2006
  
Another judgment addresses the comparability of civil partners and married persons - this is in the context of discrimination law, but there are obvious implications for the legislation on immigration and free movement.  The A-G's opinion in this case, now online in English, says less than the Court about this comparability point, but more about the human rights context
JUDGMENT OF THE COURT (Grand Chamber) 1 April 2008
 
(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)
 
In Case C-267/06,

REFERENCE for a preliminary ruling under Article 234 EC, by the Bayerisches Verwaltungsgericht München (Germany), made by decision of 1 June 2006, received at the Court on 20 June 2006
 

 

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