Sra. H contra Tribunal de Cuentas de las Comunidades Europeas.

• Jurisdiction: European Union
• Celex Number: 61992CJ0416
• ECLI: ECLI:EU:C:1994:194
• Docket Number: C-416/92
• Date: 17 May 1994
• Procedure Type: Recours en annulation - fondé
• Court: Court of Justice (European Union)

Avis juridique important

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61992J0416

Judgment of the Court of 17 May 1994. - H v Court of Auditors of the European Communities. - Determination of survivors' pensions for the widow and dependent children of a member of the Court of Auditors who died during his term of office. - Case C-416/92.

European Court reports 1994 Page I-01741

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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Court of Auditors ° Emoluments of members ° Pensions ° Survivor' s pension ° Calculation ° Maximum amount of the pension

(Council Regulation No 2290/77, Arts 10 and 16)

Summary

The various amendments made to Regulation No 2290/77 determining the emoluments of the members of the Court of Auditors show that the legislature intended to accord favourable treatment to the widow if the member died during his term of office, but at the same time the intention of the legislature, expressed in Article 16(2) of the aforesaid regulation, was always to ensure that the total amount allocated to the widow and dependent children could not exceed the maximum amount of the pension to which the deceased would have been entitled on ceasing to hold office. In the case of a member who has died during his term of office, that maximum amount is the maximum pension referred to in Article 10 of that regulation, namely 70% of the basic salary last received.

Parties

In Case C-416/92,

Mrs H., represented by Georges Vandersanden, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of Alex Schmitt, 62 Rue Guillaume,

applicant,

v

Court of Auditors of the European Communities, represented by Jean-Marie Stenier and Jan Inghelram, of its Legal Service, acting as Agents, with an address for service at the Court of Auditors, 12 Rue Alcide de Gasperi, Kirchberg,

defendant,

APPLICATION for annulment of the decision of the Court of Auditors of 12 October 1992 determining the survivors' pensions awarded to Mrs H. and her children following the death of her husband, a member of the Court of Auditors, during his term of office,

THE COURT,

composed of: O. Due, President, G.F. Mancini (Rapporteur), J.C. Moitinho de Almeida, M. Diez de Velasco (Presidents of Chambers), C.N. Kakouris, R. Joliet, F.A. Schockweiler, G.C. Rodríguez Iglesias, M. Zuleeg, P.J.G. Kapteyn and J.L. Murray, Judges,

Advocate General: C.O. Lenz,

Registrar: H. v. Holstein, Deputy Registrar,

having regard to the Report for the Hearing,

after hearing oral argument from the parties at the hearing on 13 October 1993,

after hearing the Opinion of the Advocate General at the...