Advocate General Kokott has delivered an opinion that Irish laws are in breach of the Equal Treatment Directive when by denying a lecturer at Trinity College the opportunity to leave his survivor's pension to his same-sex partner because he did not enter into a civil partnership before his 60th birthday - something he could not do because same-sex marriage was not available to him before his 60th birthday:

"It constitutes indirect discrimination based on sexual orientation prohibited under Article 2(1) in conjunction with Article 2(2)(b) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation for an occupational pension scheme to make the right of same-sex partners to a survivor’s