Judgment_paragraph 309 · Republic of Lithuania and Others v European Parliament and Council of the European Union (C-541/20)

309The comparability of the respective situations must be assessed not in a global and abstract manner, but in a specific and concrete manner having regard to all the elements which characterise them. Those elements must, in particular, be determined and assessed in the light of the subject matter and purpose of the EU act which makes the distinction in question. The principles and objectives of the field to which the act relates must also be taken into account (see, to that effect, judgments of 26 June 2018, MB (Change of gender and retirement pension), C‑451/16, EU:C:2018:492, paragraph 42, and of 10 February 2022, OE (Habitual residence of a spouse – Nationality criterion), C‑522/20, EU:C:2022:87, paragraph 20 and the case-law cited).