Jürgen Römer v. Freie und Hansestadt Hamburg
European Union Court of Justice
2011 E.C.R. 1-03591 (2011)
- Written by Meredith Hamilton Alley, JD
Facts
Jürgen Römer (plaintiff) was an employee of the City of Hamburg, Germany. In 1990, Römer retired and began receiving pension payments. German law did not recognize same-sex marriages, but same-sex couples could register their partnerships. In 2001, Römer and his same-sex life partner registered their partnership. Römer asked the pension administrator (defendant) to recalculate the pension payments to account for Römer’s registered life partnership, because married pensioners received higher pension payments than unmarried pensioners. The pension administrator refused. Römer took the matter to the Hamburg Labor Court, which referred several questions to the European Union Court of Justice (EUCJ). One of the questions was whether the issue of discrimination based on marital status fell within the jurisdiction of the EUCJ. The advocate general of the EUCJ issued an advisory opinion.
Rule of Law
Issue
Holding and Reasoning (Jääskinen, Advocate General)
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