ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL
(Second Chamber)
20 July 2016
Case F‑43/14
Wanda Gaj
v
European Commission
(Civil service — Officials — Pensions — Transfer of national pension rights — Proposal concerning additional pensionable years — Act not having an adverse effect — Application for a decision not going to the substance of the case — Article 83 of the Rules of Procedure — Action in part inadmissible and in part manifestly lacking any foundation in law — Article 81 of the Rules of Procedure)
Application:      under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, by which Ms Wanda Gaj seeks, principally, the annulment, first, of the European Commission’s decision of 19 August 2013 to close the file relating to the transfer of pension rights which she had acquired under a French pension scheme before entering the service of the Commission and, secondly, of the Commission’s proposal of 18 September 2013 determining, at her request, the number of additional pensionable years to be credited under the EU pension scheme as a result of the transfer of those pension rights.
Held:      The action is dismissed as in part inadmissible and in part manifestly unfounded. Ms Wanda Gaj shall bear her own costs and is ordered to pay the costs incurred by the European Commission.
Summary
Actions brought by officials — Acts adversely affecting an official — Meaning — Proposal concerning additional pensionable years with a view to a transfer to the EU pension scheme of pension rights acquired before entry into the service of the EU — Not included
(Staff Regulations, Art. 91(1), and Annex VIII, Art. 11(2))
A proposal concerning additional pensionable years, sent to an official with a view to the transfer to the EU pension scheme of pension rights acquired under another scheme, does not produce binding legal effects which directly and immediately affect the legal situation of the person to whom it is addressed, by significantly altering that situation, and cannot be characterised as an act having adverse effect within the meaning of Article 91(1) of the Staff Regulations.
(see para. 23)
See:
Judgments of 13 October 2015 in Commission v Verile and Gjergji, T‑104/14 P, EU:T:2015:776, para. 73; in Commission v Cocchi and Falcione, T‑103/13 P, EU:T:2015:777, para. 65; and Teughels v Commission, T‑131/14 P, EU:T:2015:778, para. 69