Joined Cases C-341/21 P and C-357/21 P: 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 (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)
Date: 2022-12-22
Institutions: Court of Justice
Subjects: European official, age discrimination, equal treatment, marriage, staff regulations (EU), survivor's benefit, widowed person








C_2023112EN.01001201.xml










27.3.2023   


EN


Official Journal of the European Union


C 112/12






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);










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;










4.


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






(1)  OJ C 303, 8.8.2022.

OJ C 310, 2.8.2021.