Keywords
Summary

Keywords

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1 . OFFICIALS - WIDOW AND DIVORCED WIFE - SURVIVOR' S PENSION - NATURE - CALCULATION

( STAFF REGULATIONS OF OFFICIALS OF THE EC, ANNEX VIII, ARTICLES 27, 28 )

2 . OFFICIALS - WIDOW AND DIVORCED WIFE - SURVIVOR' S PENSION - DIVISION - OBLIGATION TO PAY MAINTENANCE ENSUING FROM DIVORCE - EXTENT - PROOF

( STAFF REGULATIONS OF OFFICIALS, ANNEX VIII, ARTICLE 28 )

3 . RIGHT CONFERRED ON INDIVIDUALS BY A PROVISION OF COMMUNITY LAW - PROOF OF EXISTENCE OF SUCH RIGHT GOVERNED BY NATIONAL LAW - JURISDICTION OF THE COMMUNITY ADMINISTRATION AND THE COURT OF JUSTICE

Summary

1 . ARTICLES 27 AND 28 OF ANNEX VIII TO THE STAFF REGULATIONS OF OFFICIALS ARE NOT INTENDED TO PRESERVE IN A DIFFERENT FORM, FOR THE BENEFIT OF A WIDOW OR DIVORCED SPOUSE, AN OBLIGATION TO PAY MAINTENANCE WHICH STEMS FROM THE MARRIAGE OR THE DIVORCE, BUT ESTABLISH A RIGHT WHICH THE PARTIES CONCERNED HOLD DIRECTLY UNDER THE STAFF REGULATIONS AND AS REGARDS WHICH THE CLAIM TO MAINTENANCE AGAINST THE DECEASED OFFICIAL IS ONLY A FACTOR FOR THE PURPOSE OF CALCULATING THE DIVISION OF THE PENSION .

2 . THE FINAL SENTENCE OF THE FIRST PARAGRAPH OF ARTICLE 28 CANNOT BE INTERPRETED AS ONLY ACCEPTING A JUDICIAL DECISION BY WAY OF PROOF AND AS EXCLUDING OTHER MEANS OF PROVING THE OBLIGATION TO PAY MAINTENANCE WHICH ARE REQUIRED OR ACCEPTED BY THE LAW GOVERNING THE CONSEQUENCES OF DIVORCE .

3 . IF THE EVIDENCE OF THE EXISTENCE OF A RIGHT GRANTED BY A PROVISION OF COMMUNITY LAW IS GOVERNED BY THE NATIONAL LAW TO WHICH THE PERSON CONCERNED IS SUBJECT, IT IS FOR THE COMMUNITY ADMINISTRATION AND, IN THE CASE OF AN ACTION BEFORE THE COURT OF JUSTICE, FOR THAT COURT, TO CONSIDER, IN ORDER TO ENSURE A CORRECT APPLICATION OF THE SAID PROVISION, WHETHER THE CONDITIONS REQUIRED BY THE NATIONAL LAW ARE SATISFIED .