JUDGMENT OF THE GENERAL COURT (Appeal Chamber)

13 October 2015

European Commission

v

Giorgio Cocchi

and

Nicola Falcione

‛Appeal — Cross-appeal — Civil service — Officials — Pensions — Transfer of national pension rights — Proposals concerning additional years of pensionable service — Act not having an adverse effect — Inadmissibility of the action at first instance — Article 11(2) of Annex VIII to the Staff Regulations’

Appeal:

against the judgment of the European Union Civil Service Tribunal (First Chamber) of 11 December 2012 in Cocchi and Falcione v Commission (F‑122/10, ECR-SC, EU:F:2012:180), seeking to have that judgment set aside.

Held:

The judgment of the European Union Civil Service Tribunal (First Chamber) of 11 December 2012 in Cocchi and Falcione v Commission (F‑122/10) is set aside in so far as it declares admissible and well-founded the action for annulment of the acts (referred to in that judgment as ‘decisions’) of 12 and 23 February 2010, issued by the European Commission to Mr Nicola Falcione and Mr Giorgio Cocchi respectively, as those acts withdrew the proposals made to Mr Cocchi and Mr Falcione, stating the result in additional years of pensionable service that a potential transfer of their pension rights would generate. The cross-appeal is dismissed. The action brought by Messrs Cocchi and Falcione before the Civil Service Tribunal in Case F‑122/10 is dismissed in so far as it seeks annulment of the acts of 12 and 23 February 2010, issued by the European Commission to Mr Falcione and Mr Cocchi respectively, as those acts withdrew the proposals made to Mr Cocchi and Mr Falcione, stating the result in additional years of pensionable service that a potential transfer of their pension rights would generate. Messrs Cocchi and Falcione are to bear their own costs in the present instance and to pay those incurred by the Commission associated with the cross-appeal. The Commission is to bear its own costs associated with the appeal. Messrs Cocchi and Falcione and the Commission are to bear their own costs associated with the proceedings at first instance.

Summary

Actions brought by officials — Act adversely affecting an official — Definition — Proposal concerning additional years of pensionable service with a view to transferring to the EU scheme pension rights acquired prior to entry into service with the EU — Not included — Decision to credit years of pensionable service adopted following transfer of the capital representing acquired pension rights — Included (Staff Regulations, Art. 91(1) and Annex VIII, Art. 11(2)) Actions brought by officials — Jurisdiction of the EU judicature — Advisory opinion — Not included (Art. 270 TFEU; Staff Regulations, Art. 91(1)) Officials — Pensions — Pension rights acquired prior to entry into service with the EU — Transfer to the EU scheme — Right of the person concerned to transfer his acquired pension rights — Proposal concerning additional years of pensionable service not constituting an act having an adverse effect — No effect (Staff Regulations, Annex VIII, Art. 11(2)) Actions brought by officials — Act adversely affecting an official — Definition — Proposal to reimburse part of the capital representing acquired pension rights transferred to the EU scheme — Not included (Staff Regulations, Art. 91(1) and Annex VIII, Art. 11(2))