FAIL FROM THE DIVORCE TO HIS DEATH . THE APPLICANT AND THE DECEASED OFFICIAL WERE OF GERMAN NATIONALITY AND THE DECREE OF DIVORCE WAS PRONOUNCED IN THE FEDERAL REPUBLIC OF GERMANY .
11 THE PARTIES ALSO ACCEPT THAT UNDER GERMAN LAW, WHICH IN THE PRESENT CASE GOVERNS THE POSITION OF THE DIVORCED SPOUSES, THE MAINTENANCE WHICH THE WIFE IS ENTITLED TO CLAIM IN THE CIRCUMSTANCES LAID DOWN IN ARTICLE 58 OF THE GERMAN MARRIAGE LAW ( EHEGESETZ ) MAY FORM THE SUBJECT OF AN AGREEMENT BETWEEN THE PARTIES . THIS AGREEMENT MAY EVEN BE IMPLIED AND IT MAY BE PROVED BY THE CIRCUMSTANCES SURROUNDING ITS PERFORMANCE, AND IN PARTICULAR THOSE CONCERNING PAYMENT, IF THEY ARE SUCH AS TO SHOW THAT THE PAYMENTS WERE MADE BY WAY OF MAINTENANCE .
12 ALTHOUGH PROOF OF THE EXISTENCE AND OF THE AMOUNT OF THE MAINTENANCE PAYABLE AS A RESULT OF THE DIVORCE IS IN THE PRESENT CASE GOVERNED BY GERMAN LAW, IT IS FOR THE COMMISSION AND, IN THE CASE OF AN ACTION BEFORE THE COURT OF JUSTICE, FOR THE COURT, WHICH IS CHARGED WITH APPLYING ARTICLE 28 OF ANNEX VIII, TO CONSIDER, IN ORDER TO ENSURE THE CORRECT APPLICATION OF THE SAID ARTICLE 28, WHETHER THE CONDITIONS REQUIRED BY THE NATIONAL LAW ARE SATISFIED . THE FACT THAT THE PAYMENTS EXTENDED OVER A LONG PERIOD, THEIR REGULARITY, THE AMOUNT OF THE SUM IN RELATION TO THE SALARY OF THE OFFICIAL AND THE SUPPOSED INCOME OF THE DIVORCED WIFE, TOGETHER WITH THE FACT THAT THE OFFICIAL WAS FOUND SOLELY TO BLAME FOR THE DIVORCE, CONSTITUTE REASONABLE GROUNDS FOR CONCLUDING THAT THESE PAYMENTS WERE MADE IN PERFORMANCE OF AN OBLIGATION TO PAY MAINTENANCE ARISING FROM THE DIVORCE . FURTHERMORE, NEITHER THE DEFENDANT NOR THE INTERVENER HAVE PUT FORWARD ANY ACCEPTABLE REASON WHICH WOULD HAVE LED MR MEINHARDT TO MAKE THE PAYMENTS IN QUESTION IF HE HAD NOT CONSIDERED HIMSELF BOUND TO MAKE THEM AS A RESULT OF AN OBLIGATION TO PAY MAINTENANCE . THE APPLICANT IS, THEREFORE, ENTITLED TO A SHARE IN THE SURVIVOR' S PENSION .
13 THIS SHARE MUST BE FIXED AT DM 200 PER MONTH, WHICH CORRESPONDS TO THE AMOUNT OF THE PENSION PAID TO HER AT THE TIME WHEN HER DIVORCED HUSBAND DIED . THE QUESTIONS OF HER RESOURCES IN RELATION TO HER PRESENT NEEDS AND WHETHER SHE MAY POSSIBLY HAVE A MAINTENANCE CLAIM AGAINST THE HEIRS OF HER DIVORCED HUSBAND ARE IRRELEVANT TO THE APPLICATION OF ARTICLES 27 AND 28 OF ANNEX VIII TO THE STAFF REGULATIONS . THESE PROVISIONS DO NOT GOVERN THE CONTINUATION OF AN OBLIGATION TO PAY MAINTENANCE BUT A RIGHT WHICH THE DIVORCED WIFE AND THE WIDOW HOLD DIRECTLY UNDER THE STAFF REGULATIONS; IN THIS CONNEXION THE CLAIM TO MAINTENANCE AGAINST THE DECEASED OFFICIAL IS ONLY A FACTOR FOR THE PURPOSE OF CALCULATING THE DIVISION OF THE PENSION .
Decision on costs
14 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO BEAR THE COSTS .