Constitue une discrimination le fait de refuser à un partenaire de même sexe une pension de veuf prévue par le régime de prévoyance professionnelle du défunt
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En vertu de la loi allemande, M. M. a constitué un partenariat de vie enregistré avec un créateur de costumes. Celui-ci était affilié auprès de l'organisme chargé de la gestion de l'assurance vieillesse et survie du personnel artistique des théâtres allemands. A la suite de son décès, M.M. a sollicité, auprès de cet organisme, le bénéfice d'une pension de veuf. Sa demande fut rejetée au motif que les statuts de l'organisme de gestion ne prévoyaient pas un tel bénéfice pour les partenaires de vie survivants. Dans un arrêt en date du 1er avril 2008, la Cour de justice des communautés européennes (CJCE) a tout d'abord relevé que les dispositions des statuts de l'organisme de gestion limitaient le bénéfice de la pension de survie aux seuls...
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