Information;Judgment — ECLI:EU:T:2023:709
Date: 2023-11-08
Language of the case: English
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded;Action for damages - unfounded

Judgment of the General Court (Tenth Chamber) of 8 November 2023 – OA v Parliament (Case T‑39/22) (1) (Civil service – Accredited parliamentary assistants – Retirement pension – Request relating to certain elements of pension rights – Rejection – Concept of ‘act adversely affecting an official’ – Equal treatment – Liability) 1. Actions brought by officials – Act adversely affecting an official – Concept – Decision rejecting the request of an accredited parliamentary assistant to confirm the method for calculating his pension rights – Included – Future and uncertain nature of the staff member’s retirement date – No impact in order to ensure effective judicial protection (Charter of Fundamental Rights of the European Union, Art. 47; Staff Regulations of Officials, as amended by Regulation No 1023/2013, Arts 83(2), 90(2) and 91 and Annex XIII, Arts 21 and 22) (see paragraphs 27, 28, 34, 35) 2. Officials – Pensions – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Possibility of requesting the transfer of pension rights acquired after entry into the service of the European Union – Not included – Breach of the principle of equal treatment – None (Staff Regulations of Officials, Annex VIII, Art. 11(2); Council Directive 2000/78) (see paragraphs 43, 48, 49) 3. Officials – Pensions – Retirement pensions – Calculation – Officials who assisted a person holding an office provided for by the Treaties – Taking into account the average salary earned throughout the career – Not included – Need to ensure proportionality between the amount of the pension and the social security contributions paid throughout the career – None (Staff Regulations of Officials, Art. 77) (see paragraphs 57, 58, 60) 4. Officials – Accredited parliamentary assistants – Pensions – Retirement pensions – Calculation – Taking into account the average salary earned throughout the career – Not included (Staff Regulations of Officials, Art. 77, second para.; Conditions of Employment of Other Servants, Art. 2(c)) (see paragraphs 67-69) 5. Officials – Principles – Protection of legitimate expectations – Conditions – Specific assurances given by the authorities – Concept – Ambiguous text published on the intranet site without giving precise, unconditional and consistent assurances – Not included (see paragraphs 77-83) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 138, 28.3.2022.