ECJ 19 December 2019, case C-460/18 P (HK – v – Commission), Miscellaneous

• Summary

  Denial of surviving spouse pension found legitimate, as living together cannot be considered equal to marriage or registered non-marital partnership.

• Ruling

  The Court:
  

  1. Sets aside the judgment of the General Court of the European Union of 3 May 2018, HK v Commission (T-574/16, not published, EU:T:2018:252);

  2. Dismisses HK’s action seeking annulment of European Commission’s decision refusing to grant him the benefit of the survivor’s pension and to pay compensation for the material and non-material damage alleged;

  3. Orders HK, the European Commission and the Council of the European Union to bear their own costs at first instance and on appeal.