Family allowance at level 1 for public officials in a registered civil partnership

Federal Administrative Court, judgment of 28.10.2010 - 2 C 10:09

The applicant is a public official and lives in a registered partnership. He applied to get the family allowance for married public officials. This request was refused by his employer, the defendant.

It should be examined through the action whether there had been discrimination.

According to the judgment the plaintiff is entitled to the family allowance. For this purpose there was a corresponding EU directive. But since this directive has come into force since 01.07.2009, the applicant could solely receive the first family allowance starting from 01.07.2009.