PRESS RELEASE

To whom it may concern,

Mr. Maruko lived with his partner in a registered partnership. After his partner died the VddB, the pension scheme for German theatres, refused to pay him a survivor’s pension as such pensions were provided only for married partners. Mr. Maruko sued the VddB, and the Bavarian Administrative CourtMunich referred the case to the ECJ for interpretation of the 2000/78/EC Directive which established a general framework for equal treatment in employment and occupation.
The ECJ ruled that the refusal to grant the survivor’s pension to life partners constitutes direct discrimination on grounds of sexual orientation, when the surviving spouses and surviving life partners are in a comparable situation as regards that pension. And the ECJ made clear that the criterion for such a comparable situation is whether the partners “live in a union of mutual support and assistance which is formally constituted for life” (par. 67). A criterion which is fulfilled by the German legislation (par. 62, 67-69).
We urge the Croatian Government and the Parliament to adopt legislative changes that would end discrimination of same-sex couples in regards to pension rights, as well as other rights that have been denied to them through Croatian legislation. In that way Croatian legislation would be harmonized with the legislation of the EU. Croatia is obliged to harmonize its legislation with the legislation of the EU by signing the Stabilization and Accession Agreement.
Best regards,

Sanja juras
Coordinator of Lesbian Group Kontra

Kristijan Grđan
Coordinator of Iskoraka – Sexual and Gender Minorities' Rights Center