Case F-92/05: Judgment of the Civil Service Tribunal (First Chamber) of 16 January 2007 — Genette v Commission (Officials — Pensions — Pension rights acquired before entry into the service of the Communities — Transfer to Community scheme — Withdrawal of the application to transfer in order to rely on new more favourable provisions)
Date: 2007-02-24
Institutions: Civil Service Tribunal
Subjects: Belgium, European Commission, European official, action by staff, regulations for civil servants, transfer of pension rights

C 42/46

EN

Official Journal of the European Union

24.2.2007

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (First Chamber) of
16 January 2007 — Genette v Commission

Judgment of the Civil Service Tribunal (First Chamber) of
16 January 2007 — Vienne and Others v Parliament

(Case F-92/05) (1)

(Case F-115/05) (1)

(Officials — Pensions — Pension rights acquired before entry
into the service of the Communities — Transfer to Community
scheme — Withdrawal of the application to transfer in order
to rely on new more favourable provisions)

(Officials — Obligation on the administration to provide
assistance — Refusal — Transfer of pension rights acquired
in Belgium)

(2007/C 42/79)

Language of the case: French

(2007/C 42/80)

Language of the case: French

Parties

Applicant: Emmanuel Genette (Gorze, France) (represented by:
M.-A Lucas, lawyer)

Parties

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and D. Martin, Agents)

Applicants: Philippe Vienne
(Bascharage, Luxembourg)
Others (represented by: G. Bouneou and F. Frabetti, lawyers)

and

Intervener in support of the defendant: Kingdom of Belgium (repre-
sented by: L. Van den Broeck, Agent)

initially,
Defendant: European Parliament
M. Mustapha-Pacha and A. Bencomo-Weber and, subsequently,
J. De Wachter, M. Mustapha-Pacha and K. Zejdova, Agents)

(represented by:

Re:

Annulment of the Commission decision refusing to withdraw
the applicant's application relating to the transfer of his pension
rights acquired in Belgium in order to bring a fresh claim on
the basis of new and more favourable provisions.

Re:

First, annulment of
the Parliament's decision rejecting the
requests for assistance submitted by the applicants in connection
with the transfer of their pension rights acquired in Belgium
and, secondly, an application for damages

Operative part of the judgment

The Tribunal:

Operative part of the judgment

1. Annuls the decision of the Commission of the European Commu-

nities of 25 January 2005.

The Tribunal:

2. Orders the Commission of the European Communities to bears its

own costs and to pay the costs of Mr Genette.

1. Dismisses the action;

3. Orders the Kingdom of Belgium to bear its own costs.

2. Orders each party to bear its own costs.

(1) OJ C 315 of 10.12.2005, p. 14 (case originally registered at the
Court of First Instance under number T-361/05 and transferred to
the Civil Service Tribunal of
the European Union by order of
15.12.2005).

(1) OJ C 22, 28.1.2006, p. 24 (case initially registered before the Court
the European Communities under number
of First
T-427/05 and transferred to the Civil Service Tribunal of the Euro-
pean Union by order of 15.12.2005).

Instance of