Judgment of the General Court of 16 December 2020 — BT v Commission

(Case T-315/19) (1)

(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 non-discrimination on grounds of age - Proportionality)

(2021/C 62/33)

Language of the case: French

Parties

Applicant: BT (represented by: J.-N. Louis, lawyer)

Defendant: European Commission (represented by: B. Mongin, acting as Agent)

Intervener in support of the applicant: International Association of Former Officials of the European Union (AIACE International) (represented by: J. Van Rossum, lawyer)

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

Re:

Application under Article 270 TFEU seeking annulment of the Commission’s decision of 20 July 2018 rejecting the applicant’s request for a survivor’s pension.

Operative part of the judgment

The Court:

1.	Annuls the decision of the European Commission of 20 July 2018 rejecting BT’s request for a survivor’s pension;

2.	Orders the Commission to pay, in addition to its own costs, the costs incurred by BT;

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

4.	Orders the International Association of Former Officials of the European Union (AIACE International) to bear its own costs.

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(1)  OJ C 246, 22.7.2019.