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Document 61979CJ0040

Summary of the Judgment

Keywords
Summary

Keywords

1 . MEASURES ADOPTED BY INSTITUTIONS - AMENDMENT OF AN EARLIER PROVISION - SITUATIONS ARISING UNDER THAT LATTER PROVISION - FUTURE EFFECTS - APPLICATION OF THE AMENDMENT

2 . OFFICIALS - PENSIONS - SURVIVOR ' S PENSION FOR A DIVORCED WIFE - CONDITIONS FOR GRANT - DECREE OF DIVORCE NOT FINDING THAT THE WIFE WAS SOLELY TO BLAME - CONCEPT OF ' ' SOLE ' ' BLAME

( STAFF REGULATIONS OF OFFICIALS , ANNEX VIII , ART . 27 )

Summary

1 . ACCORDING TO A GENERALLY ACCEPTED PRINCIPLE A LAW AMENDING A LEGISLATIVE PROVISION APPLIES , SAVE AS OTHERWISE PROVIDED , TO THE FUTURE EFFECTS OF SITUATIONS WHICH AROSE UNDER THE PREVIOUS LAW .

2 . THE PROVISO DENYING THE DIVORCED WIFE A SURVIVOR ' S PENSION , AS IT IS WORDED IN ARTICLE 27 OF ANNEX VIII , APPLIES ONLY WHERE THE DECREE OF DIVORCE FOUND THAT THE WIFE WAS SOLELY TO BLAME . A DECREE WHICH DECIDED WHAT BLAME WAS TO BE ATTACHED TO THE WIFE , WHILST RESERVING JUDGMENT AS TO THE BLAME TO BE ATTACHED TO THE HUSBAND , MAY NOT BE CONSIDERED AS HAVING FOUND THAT THE WIFE WAS ' ' SOLELY ' ' TO BLAME .

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