DECREE OF DIVORCE , WHICH THE APPLICANT CLAIMS IS NOT RECOGNIZED UNDER ITALIAN LAW , THE NATIONAL LAW COMMON TO THE SPOUSES , AND ON THE ERRONEOUS INTERPRETATION OF THE DECREE , WHICH , IT IS ARGUED , DID NOT AUTHORIZE THE DIVORCE WITH A FINDING THAT THE APPLICANT WAS ' ' SOLELY ' ' TO BLAME .
7 IN APPRAISING WHETHER THESE SUBMISSIONS ARE WELL FOUNDED IT MUST FIRST OF ALL BE DETERMINED WHETHER THE VERSION OF THE SAID ARTICLE 27 WHICH WAS INTRODUCED BY REGULATION NO 912/78 IS APPLICABLE TO THIS CASE .
8 ARTICLE 24 OF ANNEX VIII PROVIDES THAT THE RIGHT TO RECEIVE PAYMENT OF A SURVIVOR ' S PENSION HAS EFFECT FROM THE FIRST DAY OF THE CALENDAR MONTH FOLLOWING THAT IN WHICH THE OFFICIAL DIED , BUT THAT IF PAYMENT OF THE THREE MONTHS ' SALARY PROVIDED FOR IN ARTICLE 70 OF THE STAFF REGULATIONS IS MADE ON THE DEATH OF THE OFFICIAL THE RIGHT TO THE PENSION TAKES EFFECT ON THE FIRST DAY OF THE FOURTH MONTH FOLLOWING THAT IN WHICH THE DEATH OCCURRED . IN THE PRESENT CASE THOSE TWO DATES ARE 1 NOVEMBER 1977 AND 1 FEBRUARY 1978 AND ARE THUS PRIOR TO THE ENTRY INTO FORCE OF REGULATION NO 912/78 .
9 THE ARGUMENTS OF THE PARTIES WERE BASED EXCLUSIVELY ON THE AMENDED VERSION OF ARTICLE 27 , ALTHOUGH A LETTER OF 25 MAY 1978 FROM THE COMMISSION TO THE APPLICANT ' S LAWYER REFERRED TO THE OLD VERSION .
10 AT THE REQUEST OF THE COURT THE COMMISSION EXPLAINED WHY IT CONSIDERED THAT THE AMENDED VERSION OF ARTICLE 27 SHOULD BE APPLIED TO THE APPLICANT ' S CASE . HAVING ESTABLISHED THAT THE DISCUSSIONS PRECEDING THE ADOPTION OF REGULATION NO 912/78 DID NOT SHOW THAT THE LEGISLATURE INTENDED TO RESTRICT THE REFORM INTRODUCED BY THAT REGULATION EXCLUSIVELY TO SITUATIONS OCCURRING AFTER ITS ENTRY INTO FORCE , THE COMMISSION CONSIDERED IT APPROPRIATE , IN THE ABSENCE OF ANY TRANSITIONAL PROVISION INSERTED INTO THE REGULATION , TO APPLY THE REFORM IMMEDIATELY TO EXISTING SITUATIONS . FOR THAT REASON IT ACCEPTED THAT THE AMENDED VERSION OF ARTICLE 27 CONFERRED PENSION RIGHTS ON SURVIVING DIVORCED WIVES WITH IMMEDIATE EFFECT WHERE THE DECREE OF DIVORCE FOUND THAT THE SPOUSES WERE BOTH TO BLAME OR THE DIVORCE WAS BY MUTUAL CONSENT , EVEN IF THE HUSBAND DIED BEFORE 1 MAY 1978 . THIS PRACTICE WAS , MOREOVER , FOLLOWED BY ALL THE INSTITUTIONS OF THE COMMUNITY .
11 IN THIS CONNEXION THE COMMISSION CONTENDS THAT ANY OTHER SOLUTION WOULD BE CONTRARY TO THE PRINCIPLE THAT PERSONS COVERED BY THE STAFF REGULATIONS AND IN COMPARABLE SITUATIONS MUST RECEIVE EQUAL TREATMENT . THAT PRINCIPLE DOES NOT PERMIT A DISTINCTION TO BE DRAWN , AS REGARDS ENTITLEMENT TO THE SURVIVOR ' S PENSION , BETWEEN DIVORCED WIVES IN WHOSE DECREE OF DIVORCE IT IS FOUND THAT BOTH PARTIES WERE TO BLAME OR WHO WERE DIVORCED BY MUTUAL CONSENT , DEPENDING ON WHETHER THE FORMER HUSBAND DIED BEFORE OR