# C_2012200EN.01000502.xml

| 7.7.2012 | EN | Official Journal of the European Union | C 200/5 |
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7.7.2012

EN

Official Journal of the European Union

C 200/5

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Reference for a preliminary ruling from the Krajský soud v Praze (Czech Republic) lodged on 3 April 2012 — Radek Časta v Česká správa sociálního zabezpečení

(Case C-166/12)

2012/C 200/09

Language of the case: Czech

Referring court

Referring court

Krajský soud v Praze

Parties to the main proceedings

Parties to the main proceedings

Applicant: Radek Časta

Applicant:

Defendant: Česká správa sociálního zabezpečení

Defendant:

Questions referred

Questions referred

| 1. | How must the concept of ‘capital value of pension rights’ in Article 11(2) of Annex VIII to Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities, as amended by Council Regulation No 723/2004 (the ‘Staff Regulations’), (1) be understood? Does that concept include the level of pension rights determined both in the form of the actuarial equivalent and in the form of the flat-rate redemption value as defined in Article 11(2) of Annex VIII to the Staff Regulations, as laid down prior to the entry into effect of Regulation No 723/2004, or must it be identified with only one of those concepts, and if not, how does it differ from those concepts? |
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1.

How must the concept of ‘capital value of pension rights’ in Article 11(2) of Annex VIII to Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities, as amended by Council Regulation No 723/2004 (the ‘Staff Regulations’), (1) be understood? Does that concept include the level of pension rights determined both in the form of the actuarial equivalent and in the form of the flat-rate redemption value as defined in Article 11(2) of Annex VIII to the Staff Regulations, as laid down prior to the entry into effect of Regulation No 723/2004, or must it be identified with only one of those concepts, and if not, how does it differ from those concepts?

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| 2. | Does Article 11(2) of Annex VIII to the Staff Regulations, in conjunction with Article 4(3) of the Treaty on European Union, as amended by the Treaty of Lisbon, preclude application of the method for calculating pension rights provided for in Paragraph 105a(1) of Law No 155/1995 on pension insurance and in Government Regulation No 587/2006 laying down detailed arrangements on the reciprocal transfer of pension rights in relation to the pension scheme of the European Communities? In this context, is it relevant that that calculation method results, in a specific case, in the setting of pension rights offered for transfer to the EU pension scheme at a level of not even half the amount of the contributions paid by an official to the national pension scheme? |
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2.

Does Article 11(2) of Annex VIII to the Staff Regulations, in conjunction with Article 4(3) of the Treaty on European Union, as amended by the Treaty of Lisbon, preclude application of the method for calculating pension rights provided for in Paragraph 105a(1) of Law No 155/1995 on pension insurance and in Government Regulation No 587/2006 laying down detailed arrangements on the reciprocal transfer of pension rights in relation to the pension scheme of the European Communities? In this context, is it relevant that that calculation method results, in a specific case, in the setting of pension rights offered for transfer to the EU pension scheme at a level of not even half the amount of the contributions paid by an official to the national pension scheme?

| 3. | Must the judgment of the Court of Justice in Case C-293/03 Gregorio My v Office national des pensions (ONP) be interpreted as meaning that, for the purposes of calculating the value of pension rights to be transferred to the EU pension scheme by means of an actuarial method dependent on the period of insurance, the personal basis of assessment must also include the period during which, before the date of submission of an application for the transfer of pension rights, the EU official has already participated in the EU pension scheme? |
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3.

Must the judgment of the Court of Justice in Case C-293/03 Gregorio My v Office national des pensions (ONP) be interpreted as meaning that, for the purposes of calculating the value of pension rights to be transferred to the EU pension scheme by means of an actuarial method dependent on the period of insurance, the personal basis of assessment must also include the period during which, before the date of submission of an application for the transfer of pension rights, the EU official has already participated in the EU pension scheme?

Gregorio My

Office national des pensions (ONP)

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(1)  OJ, English Special Edition 1968(1), p- 30.

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