Information;Judgment — ECLI:EU:T:2024:686
Date: 2024-10-09
Language of the case: Italian
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Staff cases - unfounded

Judgment of the General Court (Tenth Chamber) of 9 October 2024 – CF v Commission (Case T‑51/24) (1) ( Civil service – Retirement pensions – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Rejection of the request for transfer – Request submitted out of time – Exceptional circumstances – Article 77 of the Staff Regulations – Article 11(2) of Annex VIII to the Staff Regulations – Sixth paragraph of Article 5(1) of the general implementing provisions for Articles 11 and 12 of Annex VIII to the Staff Regulations ) 1. Officials – Pensions – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Time limit for submitting transfer requests – Adoption of general implementing provisions requiring that the request be submitted within six months at the latest of the date the right to a pension is acquired – Whether permissible (Staff Regulations of Officials, Art. 77 and Annex VIII, Art. 11(2)) (see paragraphs 37, 38, 41-43, 45-50, 57, 59) 2. Officials – Pensions – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Time limit for submitting transfer requests – Adoption of general implementing provisions providing for a possible derogation in the event of exceptional circumstances – Burden of proof in respect of such circumstances (Staff Regulations of Officials, Art. 77 and Annex VIII, Art. 11(2)) (see paragraphs 72, 77, 79) 3. Officials – Duty of the administration to have regard for the welfare of officials – Scope – Obligation to organise training sessions on the arrangements for exercising the right to transfer pension rights acquired before entry into service of the European Union – None (see paragraph 81) 4. Officials – Pensions – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Time limit for submitting transfer requests – Time limit expired – Consequences – Possibility for a Member State to refuse to take into account periods of activity completed under the EU scheme – Precluded (Staff Regulations of Officials, Annex VIII, Art. 11(2); Parliament and Council Regulation No 883/2004) (see paragraph 103) Operative part The Court: 1. Dismisses the action; 2. Orders CF to pay the costs. 1 OJ C 2024, 8.4.2024.