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UK law discriminates against transsexual partners

This report relates to 1 case(s)

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    KB v National Health Service Pensions Agency and another [2004] IRLR 240 ECJ (2 other reports)

    • KB v National Health Service Pensions Agency and another

      Date:
      1 March 2004

      In KB v National Health Service Pensions Agency and another [2004] IRLR 240 ECJ, the European Court of Justice held that legislation that, in breach of the European Convention on Human Rights, prevents transsexual people from fulfilling a marriage requirement that must be met for one of them to be able to receive a survivor's pension, must be regarded as being in principle incompatible with the requirements of Article 141 of the EC Treaty.

    • ECJ: Ruling on occupational pension rights of transsexuals

      Date:
      1 February 2004

      In case C-117/01: K B v National Health Service Pensions Agency and Secretary of State for Health, the ECJ ruled on 7 January 2004 that national legislation which denies transsexuals the right to marry is contrary to Community law if the effect of this is to deprive them of any entitlement to a survivor's pension.

After nearly three years, the European Court of Justice (ECJ) has finally provided an answer to a question concerning the pension rights of transsexuals (Case C-117/01). The question was referred by the Court of Appeal in KB v National Health Service Pensions Agency and another [2004] IRLR 240 ECJ.