EN

Official Journal of the European Union

C 246/35

(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.