Joined Cases C-313/21 P and C-314/21 P: Order of the Court (Eighth Chamber) of 22 December 2022 — Council v FI (C-313/21 P) and Commission v FI (C-314/21 P) (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 was in receipt of invalidity allowance — Marriage entered into after that official became entitled to 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 that official became entitled to 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)
Date: 2022-12-22
Institutions: Court of Justice
Subjects: European official, age discrimination, disability insurance, discrimination based on disability, equal treatment, marriage, staff regulations (EU), survivor's benefit








C_2023071EN.01001402.xml










27.2.2023   


EN


Official Journal of the European Union


C 71/14






Order of the Court (Eighth Chamber) of 22 December 2022 — Council v FI (C-313/21 P) and Commission v FI (C-314/21 P)
(Joined Cases C-313/21 P and C-314/21 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 who was in receipt of invalidity allowance - Marriage entered into after that official became entitled to 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 that official became entitled to 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)
(2023/C 71/17)
Language of the case: French

Parties

In Case C-313/21 P:

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

Other parties to the proceedings: FI, European Commission, European Parliament
In Case C-314/21 P:

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

Other parties to the proceedings: FI, European Parliament, Council of the European Union
By order of 22 December 2022, the Court of Justice (Eighth Chamber) set aside the judgment of the General Court of the European Union of 10 March 2021, FI v Commission (T-694/19, not published, EU:T:2021:122), dismissed the action brought by FI in Case T-694/19, ordered FI to bear his own costs and to pay those incurred by the Council of the European Union and the European Commission in Case T-694/19 and in Cases C-313/21 P and C-314/21 P and ordered the European Parliament to bear the costs incurred in Case T-694/19.


(1)  Date of filing: 19.5.2021.