Official Journal of the European Union

C 217/44

(Case T-374/20) (<span class="oj-super oj-note-tag">1</span>)

(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.

(<span class="oj-super">1</span>) OJ C 255, 3.8.2020.

* Language of the case: German.