A lecturer from Trinity College has lost his case for discrimination on the basis of sexual orientation at the European Court of Justice.
David Parris had argued that he was discriminated against because his civil partner would not be entitled to his pension as the union did not take place before Mr Parris turned 60.
Mr Parris, a retired lecturer at Trinity College Dublin, brought his former employer to the Labour Court here on the grounds that he has been discriminated against because of his age and sexual orientation in relation to his pension rights.
The Labour Court referred the matter to the ECJ, asking whether the situation was contrary to the prohibition of discrimination on the grounds of sexual orientation and/or age under the Equality Directive.
Mr Parris entered into a civil partnership at the age of 63 in England, but even if he had married before turning 60, it wouldn't have been recognised under Irish law until 2011, when Mr Parris was 65.
But the ECJ, contrary to an earlier opinion by the Advocate General, said the rule requiring civil partnership or marriage before the age of 60 did not constitute discrimination on the grounds of sexual orientation, age or both.
In a statement, TCD said;
“We are currently going through the European Court of Justice judgement. The matter will now revert back to the Irish Labour Court in which Trinity is participating along with the Higher Education Authority, Department of Education and Skills and the Department of Public Expenditure and Reform and will wait for that process to proceed and until that time have no further comment to make.”
But the Irish Council for Civil Liberties said legacies of discrimination remain, and called on the Government to enact legislation to ensure that LGBTI persons are protected from discriminated in relation to pension provision.