# C_2023112EN.01001201.xml

| 27.3.2023 | EN | Official Journal of the European Union | C 112/12 |
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27.3.2023

EN

Official Journal of the European Union

C 112/12

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Order of the Court (Eighth Chamber) of 22 December 2022 — European Commission (C-341/21 P) v KM, European Parliament, Council of the European Union and Council of the European Union (C-357/21 P) v KM, European Commission, European Parliament

(Joined Cases C-341/21 P and C-357/21 P) (1)

(Appeal - Article 182 of the Rules of Procedure of the Court of Justice - Civil service - Pension - Staff Regulations of Officials of the European Union - Article 20 of Annex VIII - Grant of a survivor’s pension - Surviving spouse of a former official in receipt of a retirement pension - Marriage entered into after termination of the official’s service - Condition that the marriage must have lasted for at least five years at the date of the official’s death - Article 18 of Annex VIII - Marriage entered into before termination of the official’s service - Condition that the marriage must have lasted for at least one year only - Plea of illegality in respect of Article 20 of Annex VIII - Charter of Fundamental Rights of the European Union - Article 20 - Principle of equal treatment - Article 21(1) - Principle of non-discrimination on grounds of age - Article 52(1) - No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature)

(2023/C 112/15)

Language of the case: German

Parties

(Case C-341/21 P)

Appellant: European Commission (represented by: T.S. Bohr and B. Mongin, acting as Agents)

Other parties to the proceedings: KM (represented by: M. Müller-Trawinski, Rechtsanwalt), European Parliament (represented by: J. Van Pottelberge, acting as Agent), Council of the European Union (represented by: M. Alver and M. Bauer, acting as Agents)

(Case C-357/21 P)

Appellant: Council of the European Union (represented by: M. Alver and M. Bauer, acting as Agents)

Other parties to the proceedings: KM (represented by: M. Müller-Trawinski, Rechtsanwalt), European Commission (represented by: T.S. Bohr and B. Mongin, acting as Agents), European Parliament (represented by: J. Van Pottelberge, acting as Agent)

Operative part of the order

The Court:

| 1. | Sets aside the judgment of the General Court of the European Union of 24 March 2021, KM v Commission (T-374/20, not published, EU:T:2021:162); |
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1.

Sets aside the judgment of the General Court of the European Union of 24 March 2021, KM v Commission (T-374/20, not published, EU:T:2021:162);

| 2. | Dismisses the action brought by KM in Case T-374/20; |
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2.

Dismisses the action brought by KM in Case T-374/20;

| 3. | Orders KM to bear her own costs and to pay those incurred by the European Commission and the Council of the European Union in Case T-374/20 as well as in Cases C-341/21 P and C-357/21 P; |
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3.

Orders KM to bear her own costs and to pay those incurred by the European Commission and the Council of the European Union in Case T-374/20 as well as in Cases C-341/21 P and C-357/21 P;

| 4. | Orders the European Parliament to bear the costs incurred in Case T-374/20. |
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4.

Orders the European Parliament to bear the costs incurred in Case T-374/20.

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(1)  OJ C 303, 8.8.2022.

OJ C 310, 2.8.2021.

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