# C_2016136EN.01004601.xml

| 18.4.2016 | EN | Official Journal of the European Union | C 136/46 |
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18.4.2016

EN

Official Journal of the European Union

C 136/46

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Judgment of the Civil Service Tribunal (3rd Chamber) of 2 March 2016 — Frieberger and Vallin v Commission

(Case F-3/15) (1)

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((Civil Service - Officials - Pensions - Reform of the Staff Regulations - Regulation No 1023/2013 - Article 22 of Annex XIII to the Staff Regulations - Raising of the retirement age - Repayment of contributions to the EU pension scheme - Article 26 of Annex XIII to the Staff Regulations - Recalculation of the bonus relating to pension rights))

(2016/C 136/65)

Language of the case: French

Parties

Parties

Applicants: Jürgen Frieberger (Woluwe-Saint-Lambert, Belgium) and Benjamin Vallin (Saint-Gilles, Belgium) (represented by: J.-N. Louis and N. de Montigny, lawyers)

Applicants:

Defendant: European Commission (represented by: initially, J. Currall and G. Gattinara, Agents, then G. Gattinara, Agent)

Defendant:

Intervener in support of the defendant: Council of the European Union (represented by: M. Bauer and M. Veiga, agents)

Intervener in support of the defendant:

Intervener in support of the defendant: European Parliament (represented by: M. Ecker and E. Taneva, Agents)

Intervener in support of the defendant:

Re:

Re:

The annulment of the Commission’s decisions rejecting the applicants’ requests for repayment of a portion of the contributions to the European Union pension scheme which were deducted from their pay and the request for reassessment of the bonus relating to the transfer of pension rights, acquired before their entry into service, to the EU scheme.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Annuls the European Commission’s decision of 26 March 2014 rejecting Mr Frieberger’s request of 17 December 2013 in so far as he sought by that request to obtain a recalculation of the bonus relating to his pension rights transferred to the European Union pension scheme; |
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1.

Annuls the European Commission’s decision of 26 March 2014 rejecting Mr Frieberger’s request of 17 December 2013 in so far as he sought by that request to obtain a recalculation of the bonus relating to his pension rights transferred to the European Union pension scheme;

| 2. | Declares that there is no need to adjudicate on the action in so far as it was brought by Mr Vallin against the European Commission’s decision of 13 March 2014 inasmuch as that decision allegedly rejected a request seeking a recalculation of the bonus relating to pension rights transferred to the European Union pension scheme; |
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2.

Declares that there is no need to adjudicate on the action in so far as it was brought by Mr Vallin against the European Commission’s decision of 13 March 2014 inasmuch as that decision allegedly rejected a request seeking a recalculation of the bonus relating to pension rights transferred to the European Union pension scheme;

| 3. | Dismisses the action as to the remainder; |
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3.

Dismisses the action as to the remainder;

| 4. | Declares that the parties shall bear their own costs. |
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4.

Declares that the parties shall bear their own costs.

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(1)  OJ C 96, 23/3/2015, p. 25.

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