Order;Information — ECLI:EU:T:2023:191
Date: 2023-03-29
Language of the case: French
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - inadmissible;Action for damages
Origin: Belgium

Order of the General Court (Tenth Chamber) of 29 March 2023 – Oxyzoglou v Commission (Case T‑342/22) (1) (Civil service – Contract staff – Retirement pensions – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Additional years of pensionable service – Action for annulment – Request for repayment of part of the capital transferred – Unjust enrichment – Time limit for complaints – Manifest inadmissibility – Application for an order – Manifest lack of jurisdiction) 1. Actions brought by officials – Prior administrative complaint – Time limits – Matter of public policy – Time-bar – Reopening – Condition – New fact – Concept – Act confirming an earlier decision – Not included (Art. 270 TFEU; Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 29-31, 40) 2. Actions brought by officials – Action for the annulment of a confirmatory decision – Inadmissibility – Condition – Confirmed decision to have become final (Staff Regulations of Officials, Art. 91) (see paragraph 41) 3. Actions brought by officials – Prior administrative complaint – Time limits – Time-bar – Excusable error – Concept (Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 44-46) 4. EU law – Principles – Principle of prohibition of unjust enrichment of the Union – Remedy – Actions for damages – Condition – Unlawfulness or fault with regard to the defendant’s conduct – None (Arts 268 and 340 TFEU) (see paragraph 50) 5. Actions brought by officials – Actions for damages – Action alleging unjust enrichment on the part of the European Union – Action brought without a pre-litigation procedure in accordance with the Staff Regulations – Inadmissibility (Arts 268, 270 and 340 TFEU; Staff Regulations of Officials, Arts 90 and 91) (see paragraphs 53-57) 6. Actions brought by officials – Subject matter – Directions to the administration – Inadmissibility (Staff Regulations of Officials, Art. 91) (see paragraphs 59, 60) Operative part 1. The action is dismissed. 2. Ms. Despina Oxyzoglou shall bear her own costs and pay those incurred by the European Commission. 3. The European Parliament and the Council of the European Union shall each bear their own costs. 1 OJ C 284, 25.7.2022.