Skip to main content
Article
Overview of recent cases before the European Court of Human Rights and the European Court of Justice (April-September 2009)
European Journal of Social Security (2009)
  • Mel Cousins, Glasgow Caledonian University
Abstract
In the period covered there have been two interesting decisions of the Court of Justice and the Court of Human Rights concerning the current boundaries of the scope of equality as it applies to social security issues. The Court of Human Rights addressed issues of discrimination against homosexual couples in M.W., while the Court of Justice rejected a claim in relation to social security treatment while on parental leave in Gomez-Limon. Meanwhile, the concept of European citizenship continued to develop – if in a somewhat erratic manner. The Court of Justice, in Rüffler, ruled that national tax rules in relation to deductibility of health insurance contributions could not differentiate on the basis of the Member State in which the contributions were paid, and, in Commission v Germany, it upheld the Commission’s complaint against German tax legislation as it applied to aspects of the Riester pensions legislation. However, in Von Chamier the Court refused to extend its case law on free movement of services as regards health care to the citizenship provisions of the EU Treaty.
Keywords
  • European Court of Justice,
  • European Court of Human Rights review of case law
Disciplines
Publication Date
2009
Citation Information
Mel Cousins. "Overview of recent cases before the European Court of Human Rights and the European Court of Justice (April-September 2009)" European Journal of Social Security Vol. 11 Iss. 4 (2009)
Available at: http://works.bepress.com/mel_cousins/51/