Action brought on 21 March 2024 – BT v Commission

(Case T-162/24)

Language of the case: French

Parties

Applicant: BT (represented by: M. Velardo, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

order the Commission to pay a compensatory allowance for the damage linked to the appropriation by the European Union of her economic rights, which include the right to a survivor’s pension as replacement income;

order the Commission to pay the actuarial equivalent of six months of the average amount of the monthly survivor’s pension received from November 2018 to July 2024, in respect of the non-material damage caused by the improper treatment of her application of 24 October 2022, which amounts to maladministration for the purposes of Article 41 of the Charter of Fundamental Rights, and unequal administrative treatment for the purposes of Article 20 of the Charter, where there is a precedent for the application of Article 76 of the Staff Regulations;

order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

First plea in law, alleging that the applicant was deprived of the survivor’s pension following the judgment of 14 July 2022, Commission v VW and Others (C-116/21 P to C-118/21 P, C-138/21 P and C-139/21 P, EU:C:2022:557) whereas for another applicant (RN) in the same situation, the survivor’s pension was maintained. The applicant claims unequal treatment.

Second plea in law, alleging that the Commission adopted a document on the Pension Scheme for EU Officials, from which it follows that the EU pension fund must be considered the property of officials. The applicant alleges infringement of Article 17 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

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