Language of document :

Action brought on 31 July 2007 - Braun-Neumann v Parliament

(Case F-79/07)

Language of the case: German


Applicant: Kurt-Wolfgang Braun-Neumann (Merzig, Germany) (represented by: P. Ames, lawyer)

Defendant: European Parliament

Form of order sought

order the defendant to pay with retroactive effect from 1 August 2004 the other half of the survivor's pension in right of his wife Gisela Mandt, née Neumann, who died on 25 July 2004, in the monthly sum of EUR 1 670.84 plus interest at the rate applied by the European Central Bank on the marginal lending facility, increased by 3%;

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The European Parliament undertook to pay the applicant 50% of the survivor's pension in his capacity as widower of Ms Gisela Mandt, née Neumann. The applicant seeks payment of the survivor's pension in full.

The complaint is directed against the European Parliament's decision to recognise the second marriage of the deceased, even though the decree of divorce of the Tribunal de première instance de Namur of 6 September 1995 in relation to the first marriage was not recognised by the Bayerisches Oberstes Landesgericht in its decision of 11 October 1999. The applicant states that he is therefore the sole 'surviving spouse', since the second marriage of the deceased to Mr Wolfgang Mandt was not legally valid.