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Case T-243/18: Judgment of the General Court of 16 December 2020 — VW 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 proportionality)

ECLI:EU:UNKNOWN:62018TA0243

62018TA0243

December 16, 2020
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15.2.2021

Official Journal of the European Union

C 53/32

(Case T-243/18) (<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 proportionality)

(2021/C 53/41)

Language of the case: French

Parties

Applicant: VW (represented by: N. de Montigny, lawyer)

Defendant: European Commission (represented by: B. Mongin and L. Vernier, acting as Agents)

Interveners in support of the defendant: European Parliament (represented by: D. Boytha and J. Steele, acting as Agents), Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application based on Article 270 TFEU seeking the annulment of the decision of the Commission of 26 June 2017 dismissing the applicant’s application for a survivor’s pension and, in so far as is necessary, of the decision rejecting the complaint against that decision of 19 January 2018.

Operative part of the judgment

The Court:

1.Annuls the decision of the European Commission of 26 June 2017 dismissing VW’s application for a survivor’s pension;

2.Orders the Commission to bear its own costs and to pay those incurred by VW;

3.Orders the European Parliament and the Council of the European Union to bear their own costs.

(<span class="oj-super">1</span>) OJ C 231, 2.7.2018.

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