Judgment — ECLI:EU:T:2002:159
Date: 2002-06-13
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Retirement pension
Procedure: Staff cases - unfounded

SUMMARY - CASE T-106/01 
Summary 
Officials - Pensions - Pension rights acquired before entry into the service of the 
Communities - Transfer to the Community scheme - Crediting of years of 
pensionable service — Method of calculation — Taking into account of basic salary 
at the date of establishment as an official - Previous recruitment as a member of 
the temporary staff within the meaning of Art. 2(b) of the Conditions of Employment 
of Other Servants — No effect 
(Staff Regulations, Annex VIII, Art. 11(2); Conditions of Employment of Other 
Servants, Arts 2(b), 39(2) and 40; Council's general implementing provisions, Art. 
10(2) and (3)) 
The Staff Regulations, the Conditions of Employment of Other Servants and the 
general implementing provisions adopted by the Council on 13 July 1992 contain 
no provisions specifically governing, as regards the transfer of pension rights, the 
situation of a member of the temporary staff who has subsequently become an 
official. In the absence of such specific provisions, the transfer of the pension rights 
of the person concerned, who was an official at the time when he made a request 
to that effect, is governed by the provisions of Article 11(2) of Annex VIII to the 
Staff Regulations and by Article 10(2) and (3) of the general implementing 
provisions, pursuant to which the number of years of pensionable service to be 
credited is to be calculated by reference to the date of the official's establishment 
and his grade on establishment. 
An institutional practice whereby the calculation of the number of years of service 
to be credited for the purposes of the retirement pension will be made, once the 
national measures authorising the aforementioned transfer have been adopted, on the 
basis of the salary of the person concerned at the time of his entry into service as 
a member of the temporary staff, does not apply to temporary staff falling within 
the scope of Article 2(b) of the Conditions of Employment of Other Servants. 
Since, pursuant Article 39(2) of the Conditions of Employment of Other Servants, 
such staff are not entitled to a Community retirement pension, any delay by the 
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YOUSSOUROUM v COUNCIL 
authorities of a Member State in authorising the transfer of national pension rights 
to the Community scheme cannot adversely affect such staff. 
In that regard, Article 40 of the Conditions of Employment of Other Servants does 
not affect the calculation to be made under Article 11(2) of Annex VIII to the Staff 
Regulations. The fact that Article 40 of the Conditions of Employment of Other 
Servants and Article 4 of Annex VIII to the Staff Regulations also apply to officials 
who have been members of the temporary staff within the meaning of Article 2(b) 
of the Conditions of Employment of Other Servants does not mean that such 
members of the temporary staff would be entitled to a retirement pension or be 
eligible, during their period of employment as members of the temporary staff, for 
a transfer of national pension rights to the Community scheme. 
(see paras 41, 45-46, 60) 
See: 8/85 Bevere v Commission [1986] ECR 1187, para. 13 
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