Information;Judgment — ECLI:EU:T:2024:655
Date: 2024-09-25
Language of the case: French
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded

Judgment of the General Court (Tenth Chamber) of 25 September 2024 – PT v Commission (Case T‑788/22) (1) ( Civil service – Members of the contract staff – Retirement pension – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – ‘Minimum subsistence figure’ rule – Application for restitution of the amount of transferred national pension rights – Rejection of application – Undue enrichment ) 1. Actions brought by officials – Actions for damages – Action alleging unjust enrichment on the part of the European Union – Conditions – No need to demonstrate unlawfulness or fault with regard to the defendant’s conduct (see paragraphs 35, 36) 2. Actions brought by officials – Actions for damages – Action alleging unjust enrichment on the part of the European Union – Conditions – No legal basis for the alleged enrichment – Challenge to the amount of a pension calculated in accordance with the applicable provisions – Requirement not met – Breach of the principle of equal treatment – No effect (Staff Regulations of Officials, Art. 77 and Annex VIII, Arts 2, 6 and 11(2) and (3)) (see paragraphs 38-46, 50) 3. Officials – Pensions – Retirement pensions – Financing – Contributions from officials and staff members – Object and purpose – Consequences for the beneficiaries – Difference compared to the beneficiaries of pensions granted on the basis of the minimum subsistence figure (Staff Regulations of Officials, Art. 83) (see paragraphs 52, 53) Operative part The Court: 1. Dismisses the action; 2. Orders PT to bear her own costs and to pay those incurred by the European Commission; 3. Declares that the Council of the European Union is to bear its own costs. 1 OJ C 63, 20.2.2023.