Judgment — ECLI:EU:T:2003:39
Date: 2003-02-26
Language of the case: Greek
Court formation: Fourth Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Equal treatment and non-discrimination;Pension rights;General
Procedure: Staff cases - unfounded

SUMMARY — CASE T-184/00 
Summary 
1. Officials - Equality of treatment - Pensions - Application of the weighting for 
the pensioner's country of residence - Legality 
(Staff Regulations, Art. 82(1), second para.) 
2. Freedom of movement for persons - Right of residence of retired workers -
Scope - Official of the European Community - Application of weightings to 
pensions in order to make it easier to exercise the right of residence 
(Art. 39 EC; Staff Regulations, Art. 82(1), second para.; Commission Regulation 
No 1251/70; Council Directive 90/365) 
1. The general principle of equality requires that similar situations are not to be 
treated differently unless differentiation is objectively justified. In that context, the 
difference in living conditions in the various countries of the Community is an 
objective factor which produces a fundamental difference in the situation of former 
officials who have provided an equivalent service for the Communities in all 
respects (grade, seniority, etc.) and have thereby acquired identical pension rights, 
but who reside in different countries. That justifies the difference in treatment 
arising, when benefits are paid to pensioners, from the application of weightings to 
the nominal amount of their pension, as provided for in the second paragraph of 
Article 82(1) of the Staff Regulations. It is the weightings, designed to ensure that 
all former officials receive benefits which have the same purchasing power, 
whatever their place of residence, which safeguard the principle of equality of 
treatment for those in receipt of a pension. 
(see paras 39, 47-48) 
I-A - 52 
DROUVIS v COMMISSION 
Sec: 117/76and 16/77 Ruckdeschel and Hansa-Lagerhaus Ströh [1977) ECR 1753. para. 
7: 810/79 Überschär [1980] ECR 2747. para. 16; 147/79 Hochstrass v Court of Justice 
[1980] ECR 3005. para. 7; T-48/89 Beltrante and Others v COUNCIL [1990] ECR II-493. 
para. 34: T-238/95 to T-242/95 Mongelli and Others v Commission [1998| ECR-SC 
I-A 319 and II-925. para. 41 ; T-116/96. T-212/96 and T-215/96 Teichini and Others v 
Commission [1998] ECR-SC I-A-327 and II-947. para. 101 
2. Officials of the Community, who have the status of worker as referred to in the 
Treaty, have the right, once they have retired, to remain and to reside within the 
Community provided that they satisfy the conditions set out in Regulation 
No 1251/70 on the right of workers to remain in the territory of a Member State 
after having been employed in that State and Directive 90/365 on the right of 
residence for employees and self-employed persons who have ceased their 
occupational activity. 
Far from constituting an obstacle to freedom of movement, the application of 
weightings to officials' pensions as provided for in the second paragraph of 
Article 82(1) of the Staff Regulations has the specific effect of guaranteeing that a 
pension-holder, once he has retired from service, may choose his place of residence 
entirely freely and neutrally. It is as a result of the weightings mechanism that a 
former official receives a pension which has the same purchasing power regardless 
of the Member State in which he takes up residence and is thus able to exercise his 
right to reside freely within the Community. 
(see paras 70-73) 
See: C-411/98 Ferlini [2000] ECR I-8081. para. 42 and the ease-law cited. 
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