Equal treatment for men and women in matters of social security — Directive 79/7/EEC, Article 4, Prohibition of any discrimination on the ground of sex, Indirect discrimination — Part-time work, Calculation of retirement pension
Judge Rapporteur: A. Prechal
Social policy, directive 2006/54/EC, equal treatment of men and women, access to employment and working conditions — Rejection of a candidate due to her pregnancy — Employee intervening in favour of that candidate, dismissal of that employee
Judge Rapporteur: A. Prechal
Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975, compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination on grounds of sexual orientation, effects of the application of Directive 2000/78/EC on the disciplinary sanction, calculation of the retirement pension paid
Judge Rapporteur: M. Safjan
Less favourable treatment of part-time workers compared to full-time workers as regards their conditions of employment – National legislation fixing a maximum duration of fixed-term employment that is longer for part-time workers than for fulltime workers – Equal treatment of men and women in matters of employment and occupation, concept of ‘indirect discrimination’ on grounds of sex
Judge Rapporteur: A. Prechal
Recruitment and aiding and abetting of prostitution voluntarily and knowingly engaged in a criminal offence – Classifying as criminal offence
Assisted Reproductive Technologies - Ban on same-sex couples and penalties for non-compliance - Alleged infringement of the fundamental right to parenthood in same-sex couples, unequal treatment on the basis of sexual orientation and economic conditions, violation of maternity protection, human dignity and the right to health, as well as the right to respect for private and family life and the prohibition of discrimination provided for by the ECHR and other international sources
Usual tolerance and aiding and abetting of prostitution – Classifying as criminal offence even in case of “prostitution voluntarily and knowingly engaged in a criminal offence”
Lack of legal recognition of the filiation relationship between a child born abroad through surrogacy and the intended parent – Refusal to register in Italy foreign order
Medically assisted reproduction, post-mortem homologous fertilization – Birth certificate establishing the paternity of the deceased father - Consent is decisive for the attribution of parenthood
Sexual violence criminal offence - Sexual violence committed by a doctor against a young patient - Applicability of the aggravating circumstance of abuse of authority
Alternative medicine practitioner, osteopathy - Patient's consent required if medical treatment is invasive of the sexual sphere - Sexual violence committed where the patient has not been informed in advance
Relationship between the offence of aggravated murder and persecutory acts - Offence of persecutory acts not absorbed by that of aggravated murder
The offence of sexual violence is committed in the case of a forced kiss on the lips - Qualification of the kiss on the mouth as a ‘sexual act’ even in the case of mere lip contact - Kissing as an act of erotic value
Obstetric violence – Obstetrician’s carelessness, negligence and inexperience cause the death of the delivered foetus – Foetus’ death by perinatal asphyxia may be classified as manslaughter or miscarriage depending on the onset of labour and the achievement of foetal autonomy
Registration in Italy of foreign judgment regarding same-sex couple's adoption of child - Italian legislator does not approve same-sex couples' adoption
Gang rape - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence - The prior agreement of the participants is not required in gang rape offence
Sexual violence criminal offence - Possibility of deeming ‘unconventional’ sexual acts to be lawful insofar as they take place with the consent of the participants throughout their duration
Indirect discrimination not to employ a woman for reasons of physical unfitness due to short stature – Recruitment requirements in contrast to the principle of equality not taking into account the existence of the height difference generally found between men and women
Heterologous medically assisted procreation – Commodification of assisted procreation - Production and circulation of gametes for a fee contrary to the principles of free and voluntary donation of human tissues and cells
The offence of sexual violence is committed in the case of sudden embrace involving physical contact between the bodies, including the genitals, and lateral touching of the breasts - Offence of sexual violence and mitigating circumstances - Inability to counter