AFTER A CERTAIN DATE .
12 ACCORDING TO A GENERALLY ACCEPTED PRINCIPLE A LAW AMENDING A LEGISLATIVE PROVISION APPLIES , SAVE AS OTHERWISE PROVIDED , TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE UNDER THE PREVIOUS LAW . THUS THE AMENDMENT TO ARTICLE 27 OF ANNEX VIII , WHICH MOREOVER REFLECTS AN ALTERATION IN THE ATTITUDE OF THE LAW TOWARDS THE DIVORCED WIFE , MUST , SAVE AS OTHERWISE PROVIDED , APPLY FROM THE TIME OF ITS ENTRY INTO FORCE TO ALL DIVORCED WIVES OF DECEASED OFFICIALS .
13 ALTHOUGH ARTICLE 24 OF ANNEX VIII FIXES THE DATE FOR QUALIFYING FOR A SURVIVOR ' S PENSION AND THE DATE FROM WHICH THE RIGHT TO RECEIVE THAT PENSION HAS EFFECT , IT IS NOT INTENDED TO LAY DOWN RULES CONCERNING SUBSEQUENT ALTERATIONS TO PENSION RIGHTS . THE COMMISSION WAS THUS CORRECT IN CONCLUDING THAT THE AMENDMENT MADE TO ARTICLE 27 BY REGULATION NO 912/78 APPLIES , IN THE ABSENCE OF ANY TRANSITIONAL PROVISION , WITH IMMEDIATE EFFECT TO ALL THE SITUATIONS WHICH IT COVERS .
14 IT IS CONVENIENT TO DEAL FIRST WITH THE THIRD GROUND , IN WHICH IT IS CLAIMED THAT THE DECREE OF DIVORCE PRONOUNCED BY THE TRIBUNAL DE PREMIERE INSTANCE , BRUSSELS , ON 13 JUNE 1975 DID NOT FIND THAT THE APPLICANT WAS ' ' SOLELY ' ' TO BLAME AND THAT SHE IS ACCORDINGLY ENTITLED TO THE SURVIVOR ' S PENSION UNDER ARTICLE 27 OF ANNEX VIII , AS AMENDED BY REGULATION NO 912/78 .
15 IN SUPPORT OF THAT CONTENTION THE APPLICANT CLAIMS THAT ALTHOUGH THAT JUDGMENT AUTHORIZING THE DIVORCE FOUND THAT THE APPLICANT WAS TO BLAME , IT DID NOT FIND THAT SHE WAS SOLELY TO BLAME . IN PERMITTING THE APPLICANT TO PROVE FACTS CAPABLE OF ESTABLISHING THAT HER HUSBAND WAS TO BLAME THE JUDGMENT RESERVED THE QUESTION WHETHER THE DIVORCE SHOULD BE GRANTED ON THE GROUND THAT THE APPLICANT WAS SOLELY TO BLAME OR WHETHER BOTH PARTIES WERE TO BLAME .
16 THE COMMISSION REPLIES THAT THE JUDGMENT OF 13 JUNE 1975 HAS BECOME FINAL IN SO FAR AS IT AUTHORIZED THE DIVORCE AND FOUND THAT THE APPLICANT WAS TO BLAME . SINCE THE APPLICANT FAILED TO EXERCISE , BEFORE THE DEATH OF HER FORMER HUSBAND , THE RIGHT GRANTED BY THE COURT TO ADDUCE EVIDENCE OF THE FACTS ALLEGED BY HER , THERE REMAINS ONLY ' ' THE DECREE AUTHORIZING THE DIVORCE WITH A FINDING THAT THE WIFE ALONE WAS TO BLAME ' ' .
17 THIS ARGUMENT OF THE COMMISSION CANNOT BE UPHELD . THE PROVISO DENYING THE DIVORCED WIFE A SURVIVOR ' S PENSION , AS IT IS WORDED IN ARTICLE 27 OF ANNEX VIII , APPLIES ONLY WHERE THE DECREE OF DIVORCE FOUND THAT THE WIFE WAS SOLELY TO BLAME . IN THIS CASE THE TRIBUNAL DE PREMIERE INSTANCE DECIDED WHAT BLAME WAS TO BE ATTACHED TO THE WIFE , WHILST RESERVING JUDGMENT AS TO THE BLAME TO BE ATTACHED THE HUSBAND . IN THOSE CIRCUMSTANCES THE