LATE MANFREDO C ., AN OFFICIAL OF THE COMMISSION , BROUGHT AN ACTION FOR THE ANNULMENT OF THE COMMISSION ' S DECISION OF 25 MAY 1978 REFUSING TO GRANT HER A SURVIVOR ' S PENSION AND FOR AN ORDER THAT THE COMMISSION AWARD HER A SURVIVOR ' S PENSION AND PAY HER THE MONTHLY INSTALMENTS THEREOF WHICH ARE DUE , WITH INTEREST THEREON AT 8% .
2 THE APPLICANT HAD GERMAN NATIONALITY WHEN SHE MARRIED MR C ., AN ITALIAN NATIONAL , IN BELGIUM . SHE ACQUIRED ITALIAN NATIONALITY THROUGH HER MARRIAGE , BUT SHE RETAINED HER GERMAN NATIONALITY . ON 27 AUGUST 1975 THE MARRIAGE WAS DISSOLVED BY REGISTRATION , ON THE REGISTRES DE L ' ETAT CIVIL ( REGISTER OF BIRTHS , DEATHS AND MARRIAGES ) OF THE BELGIAN DISTRICT WHERE THE MARRIAGE WAS CELEBRATED , OF A JUDGMENT OF THE TRIBUNAL DE PREMIERE INSTANCE ( COURT OF FIRST INSTANCE ), BRUSSELS , AUTHORIZING A DIVORCE .
3 THAT JUDGMENT WAS DELIVERED ON 13 JUNE 1975 ON THE PETITION OF THE APPLICANT AND ON THE CROSS-PETITION OF HER HUSBAND . ACCORDING TO THE OPERATIVE PART OF THAT JUDGMENT THE COURT AUTHORIZED THE DIVORCE ON THE CROSS-PETITION , FINDING THAT THE DEFENDANT IN THE CROSS-ACTION WAS TO BLAME ; AS REGARDS THE ORIGINAL PETITION THE APPLICANT WAS PERMITTED , BEFORE ANY RULING WAS GIVEN AS TO THE SUBSTANCE , TO PROVE BY WITNESSES OR ANY OTHER EVIDENCE A NUMBER OF ALLEGATIONS . SHE TOOK NO FURTHER ACTION AND HER HUSBAND DIED ON 31 OCTOBER 1977 .
4 BY A LETTER OF 25 MAY 1978 THE COMMISSION NOTIFIED THE APPLICANT THAT , HAVING REGARD TO ARTICLE 27 OF ANNEX VIII TO THE STAFF REGULATIONS , SHE WAS NOT ENTITLED TO THE SURVIVOR ' S PENSION . THE APPLICANT ' S COMPLAINT WAS NOT ANSWERED AND AN APPLICATION CHALLENGING THAT DECISION WAS LODGED .
5 THE PRESENT VERSION OF THE SAID ARTICLE 27 WAS INTRODUCED BY COUNCIL REGULATION ( EURATOM , ECSC , EEC ) NO 912/78 OF 2 MAY 1978 AMENDING THE STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES ( OFFICIAL JOURNAL 1978 , L 119 , P . 1 ) WHICH ENTERED INTO FORCE ON 4 MAY 1978 . THAT PROVISION STATES THAT THE DIVORCED WIFE OF AN OFFICIAL SHALL BE ENTITLED ON HIS DEATH TO A SURVIVOR ' S PENSION , ' ' PROVIDED THAT THE COURT WHICH PRONOUNCED THE DECREE OF DIVORCE DID NOT FIND THAT THE DIVORCED WIFE IN QUESTION WAS SOLELY TO BLAME ' ' . THE PREVIOUS VERSION OF THAT ARTICLE MADE PROVISION FOR THE GRANT OF THE SURVIVOR ' S PENSION ' ' PROVIDED THAT THE COURT WHICH PRONOUNCED THE DECREE OF DIVORCE FOUND THAT THE OFFICIAL WAS SOLELY TO BLAME ' ' .
6 THE THREE GROUNDS RELIED ON BY THE APPLICANT ARE BASED ON THE INVALIDITY OF ARTICLE 27 OF ANNEX VIII , ON THE INVALIDITY OF THE