Gaki-Kakouri v Court of Justice (Law governing the institutions) French Text [2005] EUECJ C-243/04 (14 April 2005)

Gaki-Kakouri v Court of Justice (Law governing the institutions) French Text [2005] EUECJ C-243/04 (14 April 2005)

The applicant failed to establish the existence of a binding alimentary obligation at the time of her ex-husband's death, as required by Article 27 of Annex VIII of the Staff Regulations. The Tribunal correctly excluded late evidence and properly characterized the alleged oral agreement as a non-binding act of...

Source-derived case information.

Citation
[2005] EUECJ C-243/04
Parties
Applicant: Zoé Gaki-Kakouri; Respondent: Court of Justice of the European Communities
Jurisdiction
European Union
Procedural Posture
Appeal / Final Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Pension Rights, Divorce, Survivor's Benefits, Procedural Fairness, Burden of Proof
European Union Law Administrative Law Pension Rights Divorce Survivor's Benefits Procedural Fairness Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Zoé Gaki-Kakouri

Applicant

Court of Justice of the European Communities

Respondent

Procedural Posture

Appeal / Final Judgment on Appeal

  1. 1 Whether the applicant, as a divorced spouse of a deceased former member of the Court, is entitled to a survivor's pension under Article 27 of Annex VIII of the Staff Regulations
  2. 2 Whether the Tribunal erred in excluding certain evidence as late or inadmissible
  3. 3 Whether the Tribunal erred in its legal characterization of an alleged oral agreement as a non-binding act of courtesy rather than a binding alimentary obligation

Ratio Decidendi

The applicant failed to establish the existence of a binding alimentary obligation at the time of her ex-husband's death, as required by Article 27 of Annex VIII of the Staff Regulations. The Tribunal correctly excluded late evidence and properly characterized the alleged oral agreement as a non-binding act of courtesy, not a legally enforceable alimentary obligation. The appeal is therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is rejected.
  • Mme Gaki-Kakouri is ordered to pay the costs.