Judgment — ECLI:EU:F:2012:66
Date: 2012-05-22
Language of the case: German
Court formation: First Chamber
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded

Summary Officials — Contract staff — Severance grant — Conditions for granting (Staff Regulations, Annex VIII, Art. 12) It clearly follows from the wording of Article 12(2) of Annex VIII to the Staff Regulations that the benefit of the severance grant is subject to the condition that a member of the contract staff must, since taking up his duties with the European Union, and in order to establish or maintain pension rights, have paid into a national pension scheme, a private insurance scheme or a pension fund of his choice which satisfies the requirements set out in paragraph 1 of that article. Consequently, where the member of the contract staff has not made any payments of that nature, the mere fact that he has continued to acquire pension rights in a Member State does not entitle him to the severance grant. The provisions of Union law granting entitlement to financial benefits must be interpreted strictly. Furthermore, under Article 12(1)(b) of Annex VIII to the Staff Regulations, members of the contract staff who have paid into a private insurance scheme or a pension fund in order to establish or maintain pension rights may receive a severance grant only if that private insurance scheme or pension fund satisfies a number of conditions, including that it guarantees that the capital will not be repaid to the staff in question. (see paras 24-25) See: 16 December 2004, T‑11/02 Pappas v Commission, para. 53