Judgment of the General Court of 9 November 2022 – WP and Others v Commission
(Case T-604/21) 1
(Civil service – Members of the contract staff – Pensions – Pension rights acquired before entry into the service of the EU – Transfer to the EU scheme – Additional years of pensionable service – Application for restitution of the amount of transferred national pension rights – Dismissal of application – ‘Minimum subsistence figure’ rule – Undue enrichment – Equal treatment)
Language of the case: French
Parties
Applicants: WP, WQ, WR (represented by: N. de Montigny, lawyer)
Defendant: European Commission (represented by: B. Mongin and M. Brauhoff, acting as Agents)
Re:
By their action under Article 270 TFEU, the applicants, as successors in title to A, seek annulment of the decision of the Office for Administration and Payment of Individual Entitlements (PMO) of the European Commission of 16 November 2020 dismissing the application for restitution of the national pension rights acquired by A before his death and transferred to the pension scheme of the EU institutions and annulment of Commission Decision of 15 June 2021 rejecting the complaint lodged by A under Article 90 of the Staff Regulations of Officials of the European Union.
Operative part of the judgment
The Court:
Dismisses the appeal;
Orders WP, WQ and WR to bear the costs.
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1     OJ C 452, 8.11.2021.