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Case C-460/18 P: Judgment of the Court (First Chamber) of 19 December 2019 — HK v European Commission, Council of the European Union (Appeal — Civil service — Staff Regulations of Officials of the European Union — Article 1d — First paragraph of Article 17 of Annex VIII — Pension for the surviving spouse — Conditions for granting — Concept of ‘surviving spouse’ of a Union official — Marriage and non-marital partnership — Cohabitation — Principle of non-discrimination — Comparable situation — None — Condition of duration of marriage — Combating fraud — Justification)
ECLI:EU:UNKNOWN:62018CA0460
62018CA0460
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Official Journal of the European Union
C 68/11
(Case C-460/18 P) (<span class="super note-tag">1</span>)
(Appeal - Civil service - Staff Regulations of Officials of the European Union - Article 1d - First paragraph of Article 17 of Annex VIII - Pension for the surviving spouse - Conditions for granting - Concept of ‘surviving spouse’ of a Union official - Marriage and non-marital partnership - Cohabitation - Principle of non-discrimination - Comparable situation - None - Condition of duration of marriage - Combating fraud - Justification)
(2020/C 68/08)
Language of the case: French
Parties
Appellant: HK (represented by: S. Rodrigues and A. Champetier, avocats)
Other parties to the proceedings: European Commission (represented by: G. Gattinara and B. Mongin, Agents), Council of the European Union (represented by: M. Bauer and R. Meyer, Agents)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 3 May 2018, HK v Commission (T-574/16, not published, EU:T:2018:252);
2.Dismisses HK’s action seeking annulment of European Commission’s decision refusing to grant him the benefit of the survivor’s pension and to pay compensation for the material and non-material damage alleged;
3.Orders HK, the European Commission and the Council of the European Union to bear their own costs at first instance and on appeal.
(<span class="note">1</span>) OJ C 381, 22.10.2018.