EQUAL TREATMENT : ECJ RULES ON DISCRIMINATION BASED ON SEXUAL ORIENTATION.

• Position: European Union Court of Justice - Brief article

The EU Court of Justice ruled, on 12 December 2013, that a French employee who had a civil partnership with a person of the same sex was discriminated against by his employer on the basis of sexual orientation, which is forbidden under EU law.

On 11 July 2007, at the time when marriage between people of the same sex was not yet authorised in France, Frederic Hay, an employee of Credit agricole mutuel, had a civil solidarity pact (PACS arrangement) with his partner of the same sex. His employer refused to grant him certain benefits granted under a collective agreement on the occasion of employees' marriage (special leave days and a salary bonus). Hay contested this before the French courts.

In its response to the French Cour de cassation, the EU Court of Justice said that treating people who have entered a PACS with a person of the same sex differently constitutes discrimination based on...