CELEX: 62018CA0460
Language: en
Date: 2019-12-19 00:00:00
Title: Case C-460/18 P: Judgment of the Court (First Chamber) of 19 December 2019 — HK v European Commission, Council of the European Union (Appeal — Civil service — Staff Regulations of Officials of the European Union — Article 1d — First paragraph of Article 17 of Annex VIII — Pension for the surviving spouse — Conditions for granting — Concept of ‘surviving spouse’ of a Union official — Marriage and non-marital partnership — Cohabitation — Principle of non-discrimination — Comparable situation — None — Condition of duration of marriage — Combating fraud — Justification)

2.3.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 68/11
            
         
      Judgment of the Court (First Chamber) of 19 December 2019 — HK v European Commission, Council of the European Union
      (Case C-460/18 P) (1)
      
      (Appeal - Civil service - Staff Regulations of Officials of the European Union - Article 1d - First paragraph of Article 17 of Annex VIII - Pension for the surviving spouse - Conditions for granting - Concept of ‘surviving spouse’ of a Union official - Marriage and non-marital partnership - Cohabitation - Principle of non-discrimination - Comparable situation - None - Condition of duration of marriage - Combating fraud - Justification)
      (2020/C 68/08)
      Language of the case: French
      
         Parties
      
      
         Appellant: HK (represented by: S. Rodrigues and A. Champetier, avocats)
      
         Other parties to the proceedings: European Commission (represented by: G. Gattinara and B. Mongin, Agents), Council of the European Union (represented by: M. Bauer and R. Meyer, Agents)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Sets aside the judgment of the General Court of the European Union of 3 May 2018, HK v Commission (T-574/16, not published, EU:T:2018:252);
               
            
                  2.
               
               
                  Dismisses HK’s action seeking annulment of European Commission’s decision refusing to grant him the benefit of the survivor’s pension and to pay compensation for the material and non-material damage alleged;
               
            
                  3.
               
               
                  Orders HK, the European Commission and the Council of the European Union to bear their own costs at first instance and on appeal.
               
            
         (1)  OJ C 381, 22.10.2018.