Judgment of the General Court (Appeal Chamber) of 18 July 2017.European Commission v RN.Appeal — Civil Service — Officials — Surviving spouse — Pensions — Survivor’s pension — Article 20 of Annex VIII to the Staff Regulations — Conditions for eligibility — Error of law.Case T-695/16 P.

Judgment // 18/07/2017 // 2 min read
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Judgment of the General Court (Appeal Chamber) of 18 July 2017 — Commission v RN

(Case T‑695/16 P)

(Appeal — Civil Service — Officials — Surviving spouse — Pensions — Survivor’s pension — Article 20 of Annex VIII to the Staff Regulations — Conditions for eligibility — Error of law)

  1. Officials — Pensions — Pension for surviving spouse — Marriage contracted after cessation of the functions of the deceased official — Need for marriage to last at least five years — Calculation — Not possible to take account of years of a previous marriage between the same spouses

(Staff Regulations, Annex VIII, Arts 17 to 20)

(see paras 49-52, 54-57, 59-64)

  1. Appeal — Appeal held to be well founded — Annulment of a decision of the Civil Service Tribunal — Transfer to the General Court of jurisdiction to hear disputes between the EU and its agents — Dispute not in a condition to be adjudicated upon — Reference to a chamber other than that of the appeal

(European Parliament and Council Regulation No 2016/1192, Art. 4)

(see paras 67, 68)

Re:

APPEAL brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 20 July 2016, RN v Commission (F‑104/15, EU:F:2016:163) seeking to have that judgment set aside.

Operative part

The Court:

  1. Sets aside the judgment of the European Union Civil Service Tribunal (Third Chamber) of 20 July 2016, RN v Commission (F‑104/15);

  2. Refers the case back to a Chamber of the General Court other than that which has ruled on the present appeal;

  3. Reserves the costs.