This document is an excerpt from the EUR-Lex website
Document 62016TJ0574
Judgment of the General Court (Eighth Chamber) of 3 May 2018.
HK v European Commission.
Civil service — Officials — Pensions — Pension for surviving spouse — Conditions for granting — Condition in respect of duration of marriage — Non-marital partnership — First paragraph of Article 17 of Annex VIII to the Staff Regulations.
Case T-574/16.
Judgment of the General Court (Eighth Chamber) of 3 May 2018.
HK v European Commission.
Civil service — Officials — Pensions — Pension for surviving spouse — Conditions for granting — Condition in respect of duration of marriage — Non-marital partnership — First paragraph of Article 17 of Annex VIII to the Staff Regulations.
Case T-574/16.
Court reports – general
Judgment of the General Court (Eighth Chamber) of 3 May 2018 –
HK v Commission
(Case T‑574/16)
(Civil service — Officials — Pensions — Pension for surviving spouse — Conditions for granting — Condition in respect of duration of marriage — Non-marital partnership — First paragraph of Article 17 of Annex VIII to the Staff Regulations)
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1. |
Actions brought by officials—Action against a decision rejecting a complaint—Admissibility—Obligation to rule on pleas directed against the decision rejecting the complaint—Pleas devoid of independent content or purely confirmatory decision—None (Staff Regulations of Officials, Arts 90 and 91) (see para. 15) |
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2. |
Officials—Pensions—Pension for surviving spouse—Conditions for granting—Marriage—Minimum duration of marriage—Account taken of cohabitation—Not included (Staff Regulations of Officials, Annex VIII, Art. 17, second para.) (see paras 21-24, 27, 31, 36) |
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3. |
Officials—Equal treatment—Non-marital partnership and marriage—Meaning—Non-comparable situations (Charter of Fundamental Rights of the European Union, Art. 21(1); Staff Regulations of Officials, Art. 1d and Annex VIII, Art. 17, first para.; Council Directive 2000/78, Art. 2) (see paras 25, 28-30, 45, 47-51) |
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4. |
Actions brought by officials—Application for damages linked to an application for annulment—Dismissal of claim for annulment leading to dismissal of the claim for compensation (Staff Regulations of Officials, Arts 90 and 91) (see para. 59) |
Re:
Action under Article 270 TFEU seeking, first, annulment of the Commission decision refusing to grant the applicant entitlement to the survivor’s pension and, in so far as is necessary, of the Commission decision rejecting the applicant’s complaint and, secondly, seeking compensation for the material and non-material allegedly suffered.
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders HK to pay the costs; |
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3. |
Orders the Council of the European Union to bear its own costs. |