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
Negligent termination of pregnancy and manslaughter - Medical liability
Conditions for recognition of change of gender — National legislation under which such recognition is subject to the annulment of any marriage entered into before that change of gender — Refusal to grant a person who has changed gender a State retirement pension as from the pensionable age for persons of the gender acquired
Judge Rapporteur: T. von Danwitz
Right of Union citizens to move and reside freely in the territory of the Member States — Definition of ‘spouse’ — Marriage between persons of the same sex
Judge Rapporteur: M. Ilešič
Social policy, equal treatment of men and women in matters of employment and occupation —National rules providing for the temporary possibility for performing artists having reached retirement age to continue to perform until the age previously laid down for entitlement to a pension, fixed at 47 years old for women and 52 years old for men
Judge Rapporteur: M. Berger
Directive 92/85/EEC, Articles 4, 5 and 7, protection of the safety and health of workers, worker who is breastfeeding, night work, shift work performed in part at night — Risk assessment of her work, prevention measures, challenge by the worker concerned — Discrimination on grounds of sex
Judge Rapporteur: F. Biltgen
Charter of Fundamental Rights of the European Union, article 7, respect for private and family life — Directive 2011/95/EU, standards for granting refugee status or subsidiary protection status, fear of persecution on grounds of sexual orientation — Assessment of facts and circumstances, recourse to an expert’s report, psychological tests
Judge Rapporteur: L. Bay Larsen
Civil partnership – Correction of birth certificate and record by cancellation of the entry concerning the choice of surname
Inability to register in Italy same-sex marriage celebrated abroad between an Italian citizen and a foreigner - Marriage performed abroad by a same-sex couple in Italy corresponds to a civil partnership
Discrimination on grounds of sex for different maximum retirement age limit between women and men - Maximum retirement age limit for dance workers
Possibility of voluntary termination of pregnancy - Failure to inform of possible foetus’ malformations
Sexual violence and sexual acts with a minor – Regarding sexual violence, the attenuating circumstance of the lesser seriousness of the act cannot be excluded by the mere consideration of the repetition of the illicit conduct by the defendant
Compensation for so-called ‘damage from unwanted birth’ due to a doctor's error - Erroneous performance of pregnancy termination surgery - Violation of parents' freedom of self-determination
Maternity allowance - Possibility of cumulating the maternity allowance of the self-employed mother with the days off taken by the employed father
Principle of non-discrimination - Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006: “it is also appropriate to make express provision for the protection of the employment rights of women on maternity leave and in particular their right to return to the same or an equivalent post, to suffer no detriment in their terms and conditions as a result of taking such leave and to benefit from any improvement in working conditions to which they would have been entitled during their absence”
Different treatment of women justified on maternity grounds - Prohibition of dismissal on grounds of marriage applies only to the female employee
Attempted non-consensual termination of pregnancy - Acts unequivocally aimed at terminating the pregnancy in progress by causing injury
Same-sex couple – Registration in Italy of a foreign judgment attributing the parenthood to two men
Forced taking of the so-called ‘date rape drug’ - Sexual violence aggravated by the abuse of the victim's impaired psychophysical condition due to drug use