A proposal concerning additional pensionable years is an act adversely affecting an official who has made a request for transfer of his pension rights. Such a proposal is a unilateral act, separable from the procedural framework in which it is taken, adopted under circumscribed powers attributed ex lege to the institution, since it stems directly from the individual right which Article 11(2) of Annex VIII to the Staff Regulations confers expressly on officials and other servants when they enter the service of the European Union.

Article 11 of Annex VIII to the Staff Regulations draws a clear distinction between ‘transfer out’ in paragraph 1, on the one hand, and ‘transfer in’ in paragraph 2, on the other.

The ‘actuarial equivalent’ referred to in Article 11(1) of Annex VIII to the Staff Regulations and the ‘updated capital value’ referred to in Article 11(2) are two separate legal concepts, each belonging to separate schemes.

The ‘actuarial equivalent’, under the rules of the Staff Regulations, is an autonomous concept used within the European Union pension scheme. It is defined in Article 8 of Annex VIII to the Staff Regulations.

‘Updated capital value’ is not defined by the Staff Regulations, nor do they indicate the method for calculating it, because the calculation of this value and the procedure for the review of such calculations are matters falling exclusively within the competence of the national or international authorities concerned.

With regard to the calculation by the competent national or international authorities, with a view to a ‘transfer in’, of the updated capital sum, that capital sum is determined on the basis of the relevant national law and according to the detailed rules laid down by that law or, in the case of an international organisation, by its own rules, and not on the basis of Article 8 of Annex VIII to the Staff Regulations and according to the interest rate laid down in that provision.

As regards the calculation of the number of additional years of pensionable service to be credited under the European Union pension scheme, which is a separate calculation from that of the updated capital sum it should be noted that neither Article 11(2) of Annex VIII to the Staff Regulations concerning ‘transfers in’ nor any other provision of the Staff Regulations expressly lays down an obligation to apply to the calculation of the number of additional years of pensionable service to be credited under the European Union pension scheme the interest rate referred to in Article 8 of that annex.

In the context of the implementation of Article 11(2) of Annex VIII to the Staff Regulations and, in particular, for the purpose of updating the conversion coefficients in the case of a ‘transfer in’, in the light of the new rate of 3.1% laid down in Article 8 of Annex VIII to the Staff Regulations, following the entry into force of Regulation No 1324/2008 adjusting, from 1 July 2008, the rate of contribution to the pension scheme of officials and other servants of the European Communities, it is incumbent on the institution, in accordance with Article 11(2), which refers to general implementing provisions for its implementation, and also in accordance with the principle of legal certainty, to amend the existing general implementing provisions and to draw up a new table of actuarial values.

(see paras 77, 79-81, 88, 90, 94)

5 December 2013, C‑166/12 Časta, para. 24

18 December 2008, T‑90/07 P and T‑99/07 P Belgium and Commission v Genette, paras 56 and 57 and the case-law cited