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Grant v. South-West Trains Ltd

Court of Justice of the European Communities.  17 February 1998 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Discrimination — Sex discrimination — Discrimination on ground of sexual preference — Employer refusing to grant travel concessions to same sex cohabitee of applicant — Availability of travel concession for opposite sex cohabitees of employees — Whether employer’s pay regulations constituting discrimination based on sex — Whether constituting discrimination based on sexual orientation — Whether contrary to Article 119 of European Community Treaty, 1957 (“EC Treaty”) — Relevance of Council Directives 76/207/EEC and 75/117/EEC — Whether employer’s pay regulations contrary to Equal Pay Act 1970 — Whether same sex relationships having same recognition and protection as opposite sex relationships — Human rights as part of EC law

Treaties — EC Treaty — Interpretation of treaty — Scope of treaty — Article 119 of EC Treaty — Whether pay regulations constituting discrimination based on sex contrary to Article 119 of EC Treaty — Whether Article 119 encompassing discrimination based on sexual orientation — Whether same sex relationships equivalent to opposite sex relationships under Community law — Whether Community law prohibiting discrimination based on sexual orientation

Relationship of international law and municipal law — Treaties — International law as part of EC law — Human rights treaties — National court referring to Court of Justice of European Communities for preliminary ruling under Article 177 of EC Treaty — Industrial tribunal seeking ruling as to whether refusal to issue benefit to applicant’s same sex cohabitee constituting discrimination based on sex contrary to Article 119 of EC Treaty — Whether Article 119 of EC Treaty having direct effect — The law of the European Community

Type
Case Report
Copyright
© Cambridge University Press 1999

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