Action brought on 16 May 2007 - Wolfgang A. Mandt v European Parliament

(Case F-45/07)

Language of the case: German

Parties

Applicant: Wolfgang A. Mandt (Kreuztal, Germany) (represented by: B. Kolb, lawyer)

Defendant: European Parliament

Form of order sought

Annul the decision of 8 February 2007 to reduce the applicant's survivor's pension by 50%;

Order the defendant, with retrospective effect from 1 April 2006, and monthly henceforth, to pay the applicant the further 50% of the survivor's pension of his deceased wife Gisela Neumann.

Pleas in law and main arguments

The European Parliament cut the applicant's survivor's pension as the widower of Gisela Neumann with reference to non-recognition of the Belgian decree of divorce which the deceased obtained against her first husband in 1995.

The claim is brought against the non-recognition of that decree and against Council Regulation No 2201/2203/EC of 24 November 2003. The applicant argues that he is the sole "surviving spouse", since the marriage between himself and the deceased came into existence in a legally effective way (Art. 18 Annex VIII of the Staff Regulations).

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