Judgment_paragraph 34 · David L. Parris v Trinity College Dublin and Others (C-443/15)

34Moreover, for the purposes of assessing whether a retirement pension, by reference to which the survivor’s pension, should the case arise, is calculated, as in the main proceedings, falls within the scope of Article 157 TFEU, the Court has stated that, of the criteria for identifying a pension scheme which it has adopted on the basis of the situations brought before it, only the criterion of whether the retirement pension is paid to the worker by reason of the employment relationship between him and his former employer, that is to say, the criterion of employment, based on the wording of that article, may prove decisive (judgment of 1 April 2008, Maruko, C‑267/06, EU:C:2008:179, paragraph 46 and the case-law cited).