Court of Justice of the European Union and litigation
Find in this section information about cases that have relevance to LGBTI issues from the Court of Justice of the European Union.
The Court of Justice of the European Union's job is to ensure that EU law is complied with, and that the treaties are correctly interpreted and applied.
It can find any EU member state guilty of failing to fulfil its obligations under the treaties. It can check whether EU laws have been properly enacted and it can find the European Parliament, the Council or the Commission guilty of failing to act as required.
The Court of Justice is also the only institution that can, at the request of the national courts, give a ruling on the interpretation of the treaties and on the validity and interpretation of EU law. So, when a question of this sort is brought before a court in one of the member states, that court may - and sometimes must - ask the Court of Justice for its ruling.
This system ensures that EU law is interpreted and applied in the same way throughout the European Union.
For information on sexual orientation and gender identity cases at the Court of Justice of the European Union see the paper prepared by ILGA-Europe's Council of Europe legal adviser, Professor Robert Wintemute: Sexual orientation and gender identity discrimination: the case law of the European Court of Human rights and the European Union Court of Justice
Find judgments related to LGBT issues here...
- P v S v. Cornwall County Council  Case C-13/94
- K.B. v. National Health Service Pensions Agency  Case C-117/01
- Sarah Margaret Richards v. Secretary of State for Work and Pensions  Case C-423/04
- Jürgen Römer v Freie und Hansestadt Hamburg  Case C-147/08
- Tadao Maroku v. Versorgungsanstalt der deutschen Bühnen  Case C‑267/06
- Asociaţia Accept v Consiliul Naţional pentru Combaterea Discriminārii  Case C‑81/12
- Frédéric Hay v Crédit agricole mutuel de Charente-Maritime et des Deux –Sèvres Case C‑267/12
- X, Y, Z v Minister voor Immigratie en Asiel  Joined Cases C‑199/12 to C‑201/12