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07-Apr-08 12:15 [Legal]
ECJ rules in favour of same-sex couples getting survivor's pension
A top EU court has ruled that a life partner of the same sex can be entitled to a survivor's pension under an occupational pensions scheme.

The decision will apply across the whole of the EU but it will be up to the national courts to decide if a life partner is in the same situation as a different-sex partner.

A ruling was made in the European Court of Justice (ECJ) after a pensions fund was found to be breaking EU laws by saying that a life partner of a man in Germany was not entitled to survivor's benefits.

Helmut Graupner, the lawyer of Mr Maruko, who won the case, told the BBC: "It's a very important step. It's the first time the ECJ has ruled in favour of same-sex couples."

Mr Graupner added that the case could also affect countries which do not recognise same-sex partnerships at all.

The European Court of Justice is based in Luxembourg and is composed of 27 judges.




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