Order — ECLI:EU:T:2003:314
Date: 2003-11-26
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Concepts: Retirement pension;Individual decisions
Procedure: Staff cases - unfounded

SUMMARY — CASE T-96/02 
Held: The action is dismissed as being manifestly devoid of any 
legal basis. The parties are ordered to bear their own 
costs. 
Summary 
1. 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 - No effect — Limits - Transfer could not be undertaken 
during period working as a member of the temporary staff 
(Staff Regulations, Annex VIII, Art. 11(2); Commission's general implementing 
provisions, Art. 4(2) and (3)) 
2. Officials - Decision having an adverse effect - Obligation to state reasons -
Purpose - Scope - Decision establishing the years of pensionable service to be 
credited resulting from the transfer of pension rights to the Community scheme 
(Staff Regulations, Art. 25, second para.) 
1. The Staff Regulations, the Conditions of Employment of Other Servants and the 
general implementing provisions adopted by the Commission for the application of 
Article 11(1) and (2) of Annex VIII to the Staff Regulations 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, and if the person concerned is an official at the 
time when he makes a request to that effect, the transfer of pension rights is 
governed by the provisions of Article 11 (2) of Annex VIII to the Staff Regulations 
and by Article 4(2) and (3) of the general implementing provisions, pursuant to 
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MC BRYAN v COMMISSION 
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. 
It is only in a situation where a member of the temporary staff who has subsequently 
become an official could not apply for the transfer of his national pension rights 
because the Member State concerned had not yet adopted the necessary internal 
measures to allow such a transfer that the calculation of the number of years of 
service to be credited for the purposes of the retirement pension can 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. 
(sec paras 83-84. 90) 
See: 8/85 Bevete v Commission [1986] ECR 1187. para. 11; T-106/01 Youssouroum v 
Council 120021 ECR-SC I-A-93 and II-435. paras 41 and 45 
2. The purpose of the obligation laid down in the second paragraph of Article 25 
of the Staff Regulations to state the reasons on which a decision adversely affecting 
an official is based is both to permit the Community judicature to review the legality 
of that decision and to provide the persons concerned with sufficient information to 
determine whether the decision is well founded or whether it is defective in such a 
way that its legality may be challenged. The adequacy of the statement of reasons 
is assessed in the light of the factual and legal context in which the contested 
measure is adopted. 
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SUMMARY — CASE T-96/02 
Where an application to transfer national pension rights to the Community scheme 
has been made after establishment by a member of the temporary staff who has 
become an official, a decision calculating the years of pensionable service to be 
credited under Article 11(2) of Annex VIII to the Staff Regulations satisfies the 
requirement to provide a statement of reasons if it explicitly states that the 
calculation was made on the basis of the date on which the official was established. 
(see paras 113-116) 
See: 195/80 Michel v Parliament [1981] ECR 2861, para. 22; C-350/88 Delacre and 
Others v Commission [1990] ECR I-395, para. 16; T-117/01 Roman Parra v Commission 
[2002] ECR-SC I-A-27 and II-121, para. 27; T-135/00 Morello v Commission [2002] 
ECR-SC I-A-265 and II-1313, para. 28 
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