CELEX: 62019TN0315
Language: en
Date: 2019-05-22 00:00:00
Title: Case T-315/19: Action brought on 22 May 2019 — BT v European Commission

22.7.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 246/35
            
         
      Action brought on 22 May 2019 — BT v European Commission
      (Case T-315/19)
      (2019/C 246/37)
      Language of the case: French
      
         Parties
      
      
         Applicant: BT (represented by: J.-N. Louis, lawyer)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the General Court should;
      
                  —
               
               
                  annul the Commission decision of 20 July 2018 refusing the grant of a survivor’s pension to the applicant;
               
            
                  —
               
               
                  order the defendant to pay the costs.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on two pleas in law.
      
                  1.
               
               
                  First plea in law, alleging unlawfulness of the requirement as to the duration of the marriage, fixed at five years by Article 20 of Annex VIII to the Staff Regulations of Officials of the European Union, in that, first, it discriminates arbitrarily between officials in service and retired officials. Secondly, the applicant takes the view that, although the minimum duration requirement of one year is appropriate in combating fraudulent marriages, a minimum duration of five years is itself arbitrary, inadequate and unfair. Thirdly, such a condition can unfairly exclude from the benefit of a survivor’s pension the spouse of a deceased official who is nevertheless bound by plans for their life together.
               
            
                  2.
               
               
                  Second plea in law, alleging infringement of Article 1(d) of the Staff Regulations of Officials of the European Union.