Judgment of the Court (Third Chamber) of 14 July 2022 — European Commission v VW, European Parliament, Council of the European Union

(Joined Cases C-116/21 P to C-118/21 P, C-138/21 P and C-139/21 P) (1)

(Appeal - 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 the ground of age - Article 52(1) - No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature)

(2022/C 359/04)

Language of the case: French

Parties

(Case C-116/21 P)

Appellant: European Commission (represented by: G. Gattinara, B. Mongin and B. Schima, acting as Agents)

Other parties to the proceedings: VW (represented by: N. de Montigny, avocate), European Parliament (represented by: D. Boytha, J. Steele and J. Van Pottelberge, Agents), Council of the European Union (represented by: M. Alver, M. Bauer and R. Meyer, acting as Agents)

(Case C-117/21 P)

Appellant: European Commission (represented by: G. Gattinara, B. Mongin and B. Schima, acting as Agents)

Other parties to the proceedings: BT (represented by: J.-N. Louis, avocat), European Parliament (represented by: D. Boytha, J. Steele and J. Van Pottelberge, acting as Agents), Council of the European Union (represented by: M. Alver and M. Bauer, acting as Agents), International Association of Former Officials of the European Union (AIACE International) (represented by: N. Maes, advocaat, and J. Van Rossum, avocat)

(Case C-118/21 P)

Appellant: European Commission (represented by: G. Gattinara, B. Mongin and B. Schima, acting as Agents)

Other parties to the proceedings: RN (represented by: F. Moyse, avocat), European Parliament (represented by: D. Boytha, J. Steele and J. Van Pottelberge, acting as Agents)

(Case C-138/21 P)

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

Other parties to the proceedings: BT (represented by: J.-N. Louis, avocat), European Commission (represented by: G. Gattinara, B. Mongin and B. Schima, acting as Agents), European Parliament (represented by: D. Boytha, J. Steele and J. Van Pottelberge, acting as Agents), International Association of Former Officials of the European Union (AIACE International), (represented by: N. Maes, advocaat, and J. Van Rossum, avocat)

(Case C-139/21 P)

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

Other parties to the proceedings: VW (represented by: N. de Montigny, avocate), European Commission (represented by: G. Gattinara, B. Mongin and B. Schima, acting as Agents), European Parliament (represented by: D. Boytha, J. Steele and J. Van Pottelberge, acting as Agents)

Operative part of the judgment

The Court:

1. Sets aside the judgments of the General Court of the European Union of 16 December 2020, VW v Commission (T-243/18, not published, EU:T:2020:619), of 16 December 2020, BT v Commission (T-315/19, not published, EU:T:2020:622), and of 16 December 2020, RN v Commission (T-442/17 RENV, EU:T:2020:618);

2. Dismisses VW’s action in Case T-243/18, BT’s action in Case T-315/19 and RN’s action in Case T-442/17 RENV;

3. Orders VW to bear her own costs and to pay those incurred by the European Commission and the Council of the European Union in Case T-243/18 as well as in Cases C-116/21 P and C-139/21 P;

4. Orders BT to bear her own costs and to pay those incurred by the European Commission and the Council of the European Union in Case T-315/19 as well as in Cases C-117/21 P and C-138/21 P;

5. Orders RN to bear her own costs and to pay those incurred by the European Commission in Cases F-104/15 and T-442/17 RENV as well as in Case C-118/21 P;

6. Orders the European Commission and RN to bear their own costs in Case T-695/16 P;

7. Orders the European Parliament and the International Association of Former Officials of the European Union (AIACE International) to bear their own costs in all of the cases in which they respectively intervened at first instance and in the appeals, including, as regards the European Parliament, in Cases F-104/15 and T-695/16 P.

(1) OJ C 182, 10.5.2021.