A lecturer has lost his case at the European Court of Justice that Trinity College Dublin discriminated against him on grounds of sexual orientation and age regarding his pension rights.
David Parris had brought the case against Trinity College to the Irish Labour Court saying he had been discriminated against due to his age and sexual orientation.
Mr Parris claimed TCD's pension provisions would prevent his same-sex partner of more than 30 years from accessing his survivor's pension in event of his death.
The TCD pension scheme required Mr Parris to have contracted a civil partnership before his 60th birthday.
Mr Parris argued he was in effect barred from passing on his survivor's pension because it was impossible under Irish law for him to have married before his 60th birthday.
The European Court of Justice says the condition for receiving the survivor's pension is worded neutrally, and refers both to homosexual and hetrosexual employees without distinction.
The ECJ says surviving civil partners are not treated less favourably than spouses, and ruled the decision by the Irish court does not give rise to discrimination on grounds of sexual orientation.
The court notes that Mr Parris was unable to satisfy the condition to qualify for the survivor’s pension benefit due to the state of the law in Ireland and the absence of transitional provisions for homosexual members born before 1951.
It says marital status and associated benefits fall within the competence of Member States who are free to provide, or not, for marriage for persons of the same sex, or provide an alternative form of legal recognition and lay down the date from which such marriage or alternative form is to have effect.
The court says European Union law did not require Ireland to provide before 1 January 2011 for marriage or a form of civil partnership for same-sex couples and the national rule does not produce indirect discrimination on the ground of sexual orientation.
