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Gender (until 2005) Ethnicity (until 2005) Religion or Belief (until 2005) Disabled Persons (until 2005) Age (until 2005) Sexual Orientation (until 2005)

GENDER

EUROPEAN COURT OF JUSTICE

C-13/05 Navas vs. Eurest Colectvidades SA

Directive 2000/78/EC - Equal treatment in employment - scope - dismissal because of medical condition - sickness and disability

 

C-207/04 Vergani vs. Agenzia delle Entrate

Social policy - equal pay and equal treatment of men and women - redundancy payment – Tax treatment determined by reference to age – Tax advantage

 

C294/04 Sarkatzis Herrero vs. Instituto Madrileño de la Salud

Directive 76/207/EEC – Equal treatment for men and women – Maternity leave – Access to the career of official – Temporary servant on maternity leave who gains a permanent post after taking part in a competition – Calculation of seniority

 

C-203/03 Commission vs. Austria

Failure of a Member State to fulfil its obligations – Articles 249 EC and 307 EC – Articles 2 and 3 of Directive 76/207/EEC – Equal treatment for men and women – Prohibition of the employment of women in underground work in mining or in a high-pressure atmosphere or in diving work

 

C-319/03 Briheche vs. Ministre de'l Ministre de l'Intérieur, Ministre de l'Éducation nationale et Ministre de la Justice

Social policy – Equal treatment of men and women – Article 141(4) EC – Directive 76/207/EEC – Conditions of access to public-sector employment – Provisions reserving to widows who have not remarried the benefit of the exemption from the age limit for obtaining access to that employment

 

C-220/02 ÖGB vs. Wirtschaftskammer Österreich

Principle of equal pay for men and women – Concept of pay – Taking into account, for calculation of termination payments, of periods of military service – Possibility of comparing workers performing military service with women workers who, after their maternity leave, take parental leave the duration of which is not taken into account for calculating a termination payment

 

C-313/02 Wippel vs. Peek & -Cloppenburg GmbH & Co. KG

irective 97/81/EC – Directive 76/207/EEC – Social policy – Equal treatment as between part-time and full-time workers – Equal treatment as between male and female workers – Working hours and organisation of working-time

 

C-476/99 Lommers vs. Minister van Landbouw, Natuurbeheer en Visserij

Social policy - Equal treatment of men and women - Derogations - Measures to promote equality of opportunity between men and women - Subsidised nursery places made available by a Ministry to its staff - Places reserved only for children of female officials, save in cases of emergency, to be determined by the employer

 

C-407/98 Abrahamsson, Anderson vs. Fogelqvist

Concept of 'national court or tribunal - Equal treatment for men and women - Positive action in favour of women - Compatibility with Community law

 

C-104/98 Buchner and Others vs. Solzialversicherungsanstalt der Bauern

Directive 79/7/EEC - Equal treatment for men and women in matters of social security - Early old-age pension on account of incapacity for work - Pensionable age different according to sex

 

C-249/97 Gruber vs. Silhouette International Schmied GmbH & Co. KG

Social policy - Men and women - Equal pay - Termination payment for workers who resign after the birth of a child where there is a lack of child-care facilities - Payment reduced in relation to that received by workers resigning for an important reason related to working conditions or to the employer's conduct - Whether this constitutes indirect discrimination - No indirect discrimination

 

C-158/97 Badeck

Social policy - Men and women - Access to employment and working conditions - Equal treatment - Derogations - Measures to promote equality of opportunity between men and women - National provisions laying down measures for the promotion of women in sectors of the public service - Permissible - Criterion

 

C-309/97 Angestelltenbetriebsrat Wiener GKK vs. Wiener GKK

Social policy - Men and women - Equal pay

 

C-409/95 Marshall vs. Land Nordrhein-Westfalen

Social policy - Men and women - Access to employment and working conditions - Equal treatment - Derogations - Measures to promote equality of opportunity between men and women

 

C-450/93 Kalanke vs. Freie Hansestadt Bremen

Social policy - Access to employment and working conditions - Equal treatment between men and women

 

C-184/83 Hofmann vs. Barmer Ersatzkasse

Directive 76/207 - social policy - equal treatment of male and female workers - access to employment and working conditions

 

 

ETHNICITY

 

C-332/05    discrimination of migrant workers regarding tax classes and sick pay

RELIGION OR BELIEF

 

DISABLED PERSONS

EUROPEAN COURT OF JUSTICE

C-13/05 Navas vs. Eurest Colectvidades SA

Directive 2000/78/EC - Equal treatment in employment - scope - dismissal because of medical condition - sickness and disability

 

C-286/03 Hosse vs. Land Salzburg

Social security for migrant workers – Regulation (EEC) No 1408/71 – Article 4(2b) – Special non-contributory benefits – Austrian benefit intended to cover the risk of reliance on care – Classification of the benefit and lawfulness of the residence condition from the point of view of Regulation No 1408/71 – Dependant of the insured person

 

C-502/01 and C-31/02 Gaumain-Cerri vs. Kaufmännische Krankenkasse

Social security - Freedom of movement for workers - Benefits designed to cover the risk of becoming reliant on care

 

AGE

EUROPEAN COURT OF JUSTICE

C-411/05 Palacios de la Villa vs. Corefiel Servicios SA - preliminary ruling

Article 13 EC and Article 2(1) of Directive 2000/78 - compulsory retirement clauses

 

C-144/04 Mangold

Directive 1999/70/EC – Clauses 2, 5 and 8 of the Framework Agreement on fixed-term work – Directive 2000/78/EC – Article 6 – Equal treatment as regards employment and occupation – Age discrimination

 

SEXUAL ORIENTATION

EUROPEAN COURT OF JUSTICE

 

C-423/04 Richards vs. Secretary of State for Work and Pensions

Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Refusal to award a retirement pension at the age of 60 to a transsexual who has undergone male-to-female gender reassignment surgery

 

C-117/01 K.B. vs. National Health Service Pensions Agency, Secretary of State for Health

Article 141 EC - Directive 75/117/EEC - Equal treatment for men and women - Transsexual partner not entitled to a survivor's pension payable solely to a surviving spouse - Discrimination on grounds of sex

 

C-122/99P and C-125/99P

Household allowance - Married official - Registered partnership under Swedish law

 

C-249/96 Grant vs. South-West Trains Ltd.

Social policy - Men and women - Equal pay - Article 119 of the Treaty - Directive 75/117 - Discrimination on the ground of sexual orientation

 

C-13/94 P vs. S and Cornwall County Council

Social policy - Equal treatment of Male and female workers - Access to employment and working conditions - Directive 76/207 - Dismissal of a transsexual for a reason arising from the gender reassignment of the person concerned