Order;Summary — ECLI:EU:C:2022:1045
Date: 2022-12-22
Language of the case: French
Court formation: Eighth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Appeal - unfounded;Staff cases;Appeal - successful

Joined Cases C‑313/21 P and C‑314/21 P Council of the European Union v FI and European Commission, European Parliament and European Commission v FI European Parliament and Council of the European Union Order of the Court (Eighth Chamber) of 22 December 2022 (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 who had been in receipt of invalidity allowance – Marriage entered into after that official had become eligible for invalidity allowance – Condition that the marriage must have lasted for at least five years at the date of the official’s death – Article 19 of Annex VIII – Marriage entered into before the official became eligible for invalidity allowance – No condition as to the minimum duration of the marriage – 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 – Article 52(1) – No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature) 1. Officials – Pensions – Survivor’s pension – Conditions for granting – Difference in application depending on the date the marriage was entered into, namely whether it occurred before or after the termination of the deceased official’s service – Comparability of two situations in the light of the subject matter and purpose of survivor’s pensions and the common condition of the legal link between the spouses (Staff Regulations of Officials, Annex VIII, Arts 19, 20 and 27) (see paragraphs 45-47, 49-55) 2. Officials – Pensions – Survivor’s pension – Conditions for granting – Minimum duration of marriage – Difference in treatment of surviving spouses depending on the date of the marriage, namely whether it occurred before or after the termination of the deceased official’s service – Broad discretion enjoyed by the EU legislature – Observance of the principle of proportionality – Judicial review – Limits – Assessment by the EU courts of whether the difference in treatment is appropriate and necessary – Not permissible (Charter of Fundamental Rights of the European Union, Arts 20 and 52(1); Staff Regulations, Annex VIII, Arts 19 and 20) (see paragraphs 65-69, 82) 3. Officials – Pensions – Survivor’s pension – Conditions for granting – Minimum duration of marriage – Difference in treatment of surviving spouses depending on the date of the marriage, namely whether it occurred before or after the termination of the deceased official’s service – Limitation of the right to equal treatment and indirect discrimination based on age – Justification – Combating fraud – Whether permissible – Review of proportionality (Charter of Fundamental Rights of the European Union, Arts 20, 21(1) and 52(1); Staff Regulations, Annex VIII, Arts 19 and 20) (see paragraphs 84-94, 99-101, 124) 4. Officials – Equal treatment – Survivor’s pension – Cohabitation and marriage – Non-comparable situations (Charter of Fundamental Rights of the European Union, Art. 21 (1); Staff Regulations, Art. 1d and Annex VIII, Art. 20) (see paragraphs 105-107, 121) 5. Officials – Pensions – Survivor’s pension – Conditions for granting – Minimum duration of marriage – Difference in treatment of surviving spouses depending on the date of the marriage, namely whether it occurred before or after the termination of the deceased official’s service – Discrimination based on disability in the case of an official who has become eligible for invalidity allowance – None (Charter of Fundamental Rights of the European Union, Arts 20, 21(1) and 52(1); Staff Regulations, Art. 1d and Annex VIII, Arts 19 and 20) (see paragraphs 112-115) 6. EU law – Principles – Principle that an EU provision which is in force may be disapplied on equitable grounds – None (see paragraph 125) See the text of the decision.