# C_2021138EN.01004402.xml

| 19.4.2021 | EN | Official Journal of the European Union | C 138/44 |
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19.4.2021

EN

Official Journal of the European Union

C 138/44

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Action brought on 4 February 2021 — QC v Commission

(Case T-77/21)

(2021/C 138/60)

Language of the case: French

Parties

Applicant: QC (represented by: F. Moyse, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul the implied refusal decision of 8 November 2020; |
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annul the implied refusal decision of 8 November 2020;

| — | order the recalculation of [QC’s] pension rights with effect from 1 May 2020 on the basis of all its actual contributions in the Spanish social system; |
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order the recalculation of [QC’s] pension rights with effect from 1 May 2020 on the basis of all its actual contributions in the Spanish social system;

| — | award the applicant the amount equivalent to the difference between the recalculated amount of his pension and the amount actually received by [QC], for the period starting on 1 May 2020 and ending on the date of that recalculation of pension rights, together with statutory interest, to be calculated as from the payment of that sum, or, in the alternative, as from the date on which the complaint was lodged, or, in the further alternative, as from the date on which the present application was lodged, subject to an increase in that amount for the months after January 2021, and until the annulment of the contested implied refusal decision; |
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award the applicant the amount equivalent to the difference between the recalculated amount of his pension and the amount actually received by [QC], for the period starting on 1 May 2020 and ending on the date of that recalculation of pension rights, together with statutory interest, to be calculated as from the payment of that sum, or, in the alternative, as from the date on which the complaint was lodged, or, in the further alternative, as from the date on which the present application was lodged, subject to an increase in that amount for the months after January 2021, and until the annulment of the contested implied refusal decision;

| — | award the applicant the amount of EUR 25 000 (twenty-five thousand euros) for material damages; |
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award the applicant the amount of EUR 25 000 (twenty-five thousand euros) for material damages;

| — | award the applicant the amount of EUR 50 000 (fifty thousand euros) for non-material damages; |
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award the applicant the amount of EUR 50 000 (fifty thousand euros) for non-material damages;

| — | order the Commission to pay the costs. |
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order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

| 1. | First plea in law, alleging infringement of Articles 45 and 48 TFEU which lay down the [principle of] freedom of movement for workers and the protection of social rights in the context of the free movement of workers, and, more specifically, alleging infringement of the protection of the social rights of an EU citizen who has worked for an international organisation while exercising his freedom of movement within the European Union. According to the applicant, that infringement includes also the infringement of other EU law rules, such as:






  — | Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ 1971 L 149, p. 2); |
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1.

First plea in law, alleging infringement of Articles 45 and 48 TFEU which lay down the [principle of] freedom of movement for workers and the protection of social rights in the context of the free movement of workers, and, more specifically, alleging infringement of the protection of the social rights of an EU citizen who has worked for an international organisation while exercising his freedom of movement within the European Union. According to the applicant, that infringement includes also the infringement of other EU law rules, such as:

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Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ 1971 L 149, p. 2);

| — | Article 7 and Article 11(2) of Annex VIII to the Staff Regulations of Officials of the European Union, and; |
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Article 7 and Article 11(2) of Annex VIII to the Staff Regulations of Officials of the European Union, and;

| — | Article 6 of Regulation (EC) No 883/2004 of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1). |
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Article 6 of Regulation (EC) No 883/2004 of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).

| 2. | Second plea in law, concerning the applicant’s request for compensation, based on material and non-material damage allegedly suffered by the applicant because of the non-recognition of his pension rights. |
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2.

Second plea in law, concerning the applicant’s request for compensation, based on material and non-material damage allegedly suffered by the applicant because of the non-recognition of his pension rights.

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