CELEX: 62020TA0374
Language: en
Date: 2021-03-24 00:00:00
Title: Case T-374/20: Judgment of the General Court of 24 March 2021 — KM v Commission (Civil Service — Officials — Surviving spouse — Survivor’s pension — Articles 18 and 20 of Annex VIII to the Staff Regulations — Conditions for eligibility — Duration of the marriage — Plea of illegality — Equal treatment — Principle of non-discrimination on grounds of age — Proportionality)

7.6.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/44
            
         
      Judgment of the General Court of 24 March 2021 — KM v Commission
      (Case T-374/20) (1)
      
      (Civil Service - Officials - Surviving spouse - Survivor’s pension - Articles 18 and 20 of Annex VIII to the Staff Regulations - Conditions for eligibility - Duration of the marriage - Plea of illegality - Equal treatment - Principle of non-discrimination on grounds of age - Proportionality)
      (2021/C 217/58)
      Language of the case: German
      
         Parties
      
      
         Applicant: KM (represented by: M. Müller-Trawinski, lawyer)
      
         Defendant: European Commission (represented by: B. Mongin and T. Bohr, acting as Agents)
      
         Interveners in support of the defendant: European Parliament (represented by: M. Windisch and U. Rösslein, acting as Agents), Council of the European Union (represented by: M. Bauer and M. Alver, acting as Agents)
      
         Re:
      
      Application based on Article 270 TFEU seeking, first, annulment of the Commission’s decision of 7 October 2019, refusing the request to grant a survivor’s pension to the applicant and, second, an order that the Commission adopt a new decision and grant a survivor’s pension to the applicant.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls the decision of the European Commission of 7 October 2019, refusing the request to grant a survivor’s pension to KM;
               
            
                  2.
               
               
                  Dismisses the action as to the remainder;
               
            
                  3.
               
               
                  Orders the Commission to bear its own costs and to pay the costs incurred by KM;
               
            
                  4.
               
               
                  Orders the European Parliament and the Council of the European Union each to bear its own costs.
               
            
         (1)  OJ C 255, 3.8.2020.