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Joined Cases T-568/16 and T-599/16: Judgment of the General Court of 14 June 2018 — Spagnolli and Others v Commission (Civil service — Officials — Death of a spouse who was an official — Persons entitled under the deceased official — Survivor’s pension — Orphan’s pension — Change of post of the official, surviving spouse — Adaptation of salary — Method of calculation of survivor’s and orphan’s pensions — Article 81a of the Staff Regulations — Notice of modification of pension entitlements — An act affecting a person adversely within the meaning of Article 91 of the Staff Regulations — Article 85 of the Staff Regulations — Recovery of undue payments — Conditions — Claim for compensation for material and non-material damage)
ECLI:EU:UNKNOWN:62016TA0568
62016TA0568
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C2592018EN3010120180614EN0041301301
(Joined Cases T-568/16 and T-599/16) (*1)
Language of the case: Italian
Parties
Applicants: Alberto Spagnolli (Parma, Italy), Francesco Spagnolli (Parma), Maria Alice Spagnolli (Parma) and Bianca Maria Elena Spagnolli (Parma) (represented by: C. Cortese and B. Cortese, lawyers)
Defendant: European Commission (represented by: G. Gattinara and F. Simonetti, acting as Agents)
Re:
Application pursuant to Article 270 TFEU for, in Case T-568/16, annulment of Notice of modification No 3 PMO/04/LM/2015/ARES of the Commission’s Office for the Administration and Payment of individual entitlements (PMO) of 6 February 2015 containing the statement of the new amounts of the survivor’s and orphan’s pensions granted to the applicants and, in Case T-599/16, firstly, annulment of Decision PMO/04/LM/2015/ARES/3406787 of the PMO of 17 August 2015 for recovery of amounts paid unduly to the applicants by way of survivor’s and orphan’s pensions and, secondly, for compensation for the losses allegedly suffered by the applicants.
Operative part of the judgment
The Court:
1.Dismisses the action in Case T-568/16;
2.In Case T-599/16, annuls Decision PMO/04/LM/2015/ARES/3406787 of the Office for the Administration and Payment of individual entitlements (PMO) of the Commission of 17 August 2015 ordering recovery of the amounts paid unduly to the applicants by way of survivor’s and orphan’s pensions and dismisses the action as to the remainder;
3.Orders each party to bear its own costs in each case.
* * *
(*1) OJ 2016 C 111, p. 43 (case initially registered before the European Union Civil Service Tribunal under number F-140/15 and transferred to the General Court of the European Union on 1.9.2016).