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Case T-143/22: Judgment of the General Court of 7 June 2023 — OP v Parliament (Civil service — Officials — Survivor’s pension — Refusal to grant — Surviving spouse — Eligibility conditions — Duration of the marriage — Plea of illegality — Article 80, first paragraph, of the Staff Regulations — Article 2 of Annex VII to the Staff Regulations — Orphans’ pension — Refusal to grant — Concept of ‘dependent child’ — Error of law)
ECLI:EU:UNKNOWN:62022TA0143
62022TA0143
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17.7.2023
Official Journal of the European Union
C 252/45
(Case T-143/22) (*)
(Civil service - Officials - Survivor’s pension - Refusal to grant - Surviving spouse - Eligibility conditions - Duration of the marriage - Plea of illegality - Article 80, first paragraph, of the Staff Regulations - Article 2 of Annex VII to the Staff Regulations - Orphans’ pension - Refusal to grant - Concept of ‘dependent child’ - Error of law)
(2023/C 252/52)
Language of the case: French
Parties
Applicant: OP (represented by: F. Moyse, lawyer)
Defendant: European Parliament (represented by: J. Van Pottelberge and M. Windisch, acting as Agents)
Intervener in support of the defendant: Council of the European Union (represented by: M. Bauer and M. Alver, acting as Agents)
Re:
By her action based on Article 270 TFEU, the applicant seeks, first, annulment of the decision of the European Parliament of 7 June 2021, in so far as it rejects her application for a survivor’s pension on account of the death of her husband, a former official of the Parliament and, on behalf of her son A, annulment of that decision in so far as it rejects her application for an orphans’ pension for their son who has a disability.
Operative part of the judgment
The Court:
1.Annuls the decision of the European Parliament of 7 June 2021 in so far as it refuses to grant A an orphans’ pension;
2.Dismisses the action as to the remainder;
3.Orders the Parliament to bear its own costs and to pay those incurred by OP;
4.Orders the Council of the European Union to bear its own costs.
*
(*) Language of the case: French.