A recent judgment of the Court of Justice of the European Union has found that employees who enter into a civil partnership with a partner of the same sex must be granted the same benefits as those granted to their colleagues upon their marriage, where marriage is not possible for homosexual couples.
The refusal to grant them those benefits constitutes direct discrimination based on sexual orientation, says the Court.
The case was referred to the Court of Justice from France, where, at the time of the facts of the case, the relevant French legislation restricted marriage to persons of different sexes.
Mr Hay is an employee of Crédit agricole mutuel, whose collective agreement grants certain benefits – days of special leave and a salary bonus – to employees on the occasion of their marriage. Mr Hay, who had entered into a PACS arrangement (civil solidarity pact) with his same-sex partner, was refused those benefits on the ground that, under the collective agreement, they were granted only upon marriage.
Mr Hay challenged that refusal before the French courts, which referred it to the Court of Justice to determine whether the difference in treatment for persons who have entered into a PACS arrangement with their same-sex partner constitutes discrimination based on sexual orientation, which is prohibited under EU rules on employment relations.
The Court of Justice found that the unfavourable treatment of couples in PACS arrangements could not be upheld on the basis of any of the overriding reasons in the public interest provided for by the Directive, and therefore the disputed provision of the collective agreement breaches EU Law.
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