The civil status of the homosexuals and the non-discrimination rule in the case-law of the European Court of Justice against on? a background of the case no C-267/12 - Frédéric Hay v. Crédit agricole mutuel de Charente-Maritime et des Deux-Sèvres
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The text shows impact of the EU law on the internal legal order in questions at the edge of competences of the Members States, as matters of civil status stay beyond the exclusive competences of the EU. The ECJ develops previous case-law concerning relation between the non-discrimination rule and sex-orientation in the labor matters. In the light of the Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, the ECJ treated the French PACS concluded by a homosexual couple at the same way as a marriage in spite of the fact that the French legislation had highly differentiated both statuses at the moment when the facts of the case took place. The provisions of “the bank collective agreement, […] under which an employee who concludes a civil solidarity pact with a person of the same sex is not allowed to obtain the same benefits, such as days of special leave and a salary bonus, as those granted to employees on the occasion of their marriage, where the national rules of the Member State concerned do not allow persons of the same sex to marry” create a direct discrimination in the light of the Art.2(2)(a) of Directive 2000/78/EC.
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