Traduction de «Same-sex partner » (Anglais → Français) :

In the same vein, whenever same sex registered partners are recognised under national family law and Member States apply the "may" clause of the Directive for registered partners, they should also do so for same sex partners.

However, the protection measures which do not fall under the application of Brussels II-bis, e.g. protection measures which would concern a couple which has not been married, same sex partners or neighbours, will be covered by this proposal.

The Court has not yet been called upon to pronounce on this specific point, but it has previously held that as there is no consensus among the Member States whether same sex partners can be assimilated to spouses of a traditional marriage, it should be concluded that same sex spouses do not yet have the same rights as traditional spouses for the purposes of Community law on the free movement of workers [47].However, it should be noted that if a Member State accords advantages to its own nationals who live as non-married couples, under the principle of equal treatment in social advantages (see section 2.4 above) the same advantages must b ...[+++]e granted to migrant workers [48].

The Court has not yet been called upon to pronounce on this specific point, but it has previously held that as there is no consensus among the Member States whether same sex partners can be assimilated to spouses of a traditional marriage, it should be concluded that same sex spouses do not yet have the same rights as traditional spouses for the purposes of Community law on the free movement of workers [47].However, it should be noted that if a Member State accords advantages to its own nationals who live as non-married couples, under the principle of equal treatment in social advantages (see section 2.4 above) the same advantages must b ...[+++]e granted to migrant workers [48].

In the cases concerning these grounds, the CJEU has dealt with basic issues such as the prohibition of an employer’s general announcement to discriminate, the definition of disability, or the exclusion of same-sex partners from work-related benefits reserved for heterosexual couples.

The CJEU has interpreted the boundaries of the ground of sexual orientation in a few landmark rulings such as Maruko and Römer [87], in which the CJEU concluded that, when national law placed persons of the same sex in a situation comparable to that of spouses, national rules denying same-sex life partners benefits which were paid to spouses came within the scope of the Directive.