Case F-128/05: Action brought on  20 December 2005  — Claude Adolf and Others v Commission of the European Communities
Date: 2006-03-11
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, pension scheme

C 60/56

EN

Official Journal of the European Union

11.3.2006

Concerning the application for annulment, the applicant argues
that, even if it is possible for an administrative authority to
replace an illegal decision, in this case the new decision fixing
her pension rights at a lower level than previously anticipated
was not taken within a reasonable time. In those circumstances,
the confidence she might legitimately have as to the amount of
her pension had been breached.

She argues that the non-material damage arises from the whole
of the faults committed by the European Parliament throughout
the case.

applied, pending the removal of weightings by Council Regu-
lation (EC, Euratom) No 723/2004 of 22 March 2004
amending the Staff Regulations of officials of the European
Communities and the Conditions of Employment of other
servants of
in so far as those
conditions are based on a new calculation of ‘pension’ weight-
ings which is no longer based on the capital city but on the
average cost of living in the Member State where the pensioner
proves that he has established his principal residence.

the European Communities,

In support of their contentions, the applicants claim, first, that
the abovementioned regulation is based on an incorrect state-
ment of reasons, in so far as neither the increased integration
of the Community, nor freedom of movement and of residence
nor the difficulty in verifying pensioners' actual place of resi-
dence can serve as a basis for the transitional regime at issue.

Action brought on 20 December 2005 — Claude Adolf
and Others v Commission of the European Communities

(Case F-128/05)

(2006/C 60/103)

Language of the case: French

Next, the applicants allege infringement in this case of the prin-
ciples of equal
retroactivity of
acquired rights and protection of legitimate expectations.

legal certainty,

treatment,

Action brought on 23 December 2005 — Merglova v
Commission

Parties

Applicant(s): Claude Adolf and Others (represented by: L. Levi
and G Vandersanden, lawyers)

Defendant(s): Commission of the European Communities

(Case F-129/05)

(2006/C 60/104)

Language of the case: French

Form of order sought

Parties

The applicant(s) claim(s) that the Court should:

— declare the action admissible and well founded, including

the objection of illegality contained in it;

— consequently, annul the applicants' pension statements for
March 2005, so as to result
in the application of a
weighting for the capital of the country of residence or, at
least, of a weighting such as to reflect adequately the differ-
ences in the cost of living as between the places where the
applicants are deemed to incur their expenditure and there-
fore to give effect to the principle of equivalence;

— order the defendant to pay the costs.

Applicant: Eva Merglova (Brussels, Belgium) (represented by: S.
Rodrigues and Y. Minatchy, lawyers)

Defendant: Commission of the European Communities

Forms of order sought

The applicant claims that the Court should:

— Declare the action admissible;

Pleas in law and main arguments

— Annul the Commission's decision of 15 September 2005

rejecting the applicant's complaint;

The applicants in this case are all officials who retired before 1
May 2004. They object to the transitional conditions being

— Pronounce the reclassification of the applicant in Grade C3

or C2, with retrospective effect from 1 May 2004;