Judgment of the Court of 7 January 2004.K.B. v National Health Service Pensions Agency and Secretary of State for Health.Reference for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom.Article 141 EC - Directive 75/117/EEC - Equal treatment for men and women - Transsexual partner not entitled to a survivors pension payable solely to a surviving spouse - Discrimination on grounds of sex.Case C-117/01.

«(Article 141 EC – Directive 75/117/EEC – Equal treatment for men and women – Transsexual partner not entitled to a survivor’s pension payable solely to a surviving spouse – Discrimination on grounds of sex)»

JUDGMENT OF THE COURT7 January 2004 (1)

((Article 141 EC – Directive 75/117/EEC – Equal treatment for men and women – Transsexual partner not entitled to a survivor’s pension payable solely to a surviving spouse – Discrimination on grounds of sex))

and

THE COURT,,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of K. B., represented by L. Cox and T. Eicke, of the United Kingdom Government, represented by J.E. Collins and N. Paines QC, and of the Commission, represented by J. Sack and L. Flynn, acting as Agents, at the hearing on 23 April 2002,

after hearing the Opinion of the Advocate General at the sitting on 10 June 2003,

gives the following

On those grounds,

THE COURT,

Skouris

Timmermans

Cunha Rodrigues

Rosas

Edward

Puissochet

Macken

Colneric

von Bahr

R. Grass

V. Skouris

Registrar

President