35Since it is for the Member States to determine the conditions under which legal recognition is given to the change of gender of a person in R.‘s situation — as the European Court of Human Rights has accepted (Goodwin v United Kingdom, § 103) — it is for the national court to determine whether in a case such as that in the main proceedings a person in K.B.’s situation can rely on Article 141 EC in order to gain recognition of her right to nominate her partner as the beneficiary of a survivor's pension.
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