Case C-227/04 P: Judgment of the Court (Grand Chamber) of 11 September 2007 — Maria-Luise Lindorfer v Council of the European Union (Appeal — Officials — Transfer of pension rights — Professional activities prior to entering the service of the Communities — Calculation of the years of pensionable service — Article 11(2) of Annex VIII to the Staff Regulations — General implementing provisions — Principle of non-discrimination — Principle of equal treatment)
Date: 2007-11-10
Institutions: Court of Justice
Subjects: Council of the European Union, European official, action by staff, action for annulment (EU), appeal, equal treatment, pension scheme, sexual discrimination, transfer of pension rights

10.11.2007

EN

Official Journal of the European Union

C 269/3

Eighth Chamber

Ms Silva de Lapuerta

Mr Juhász

Mr Malenovský

Mr von Danwitz

Judgment of the Court (Grand Chamber) of 11 September
2007 — Maria-Luise Lindorfer v Council of the European
Union

(Case C-227/04 P) (1)

(Appeal — Officials — Transfer of pension rights — Profes-
sional activities prior to entering the service of the Commu-
nities — Calculation of the years of pensionable service —
Article 11(2) of Annex VIII to the Staff Regulations —
General implementing provisions — Principle of non-discrimi-
nation — Principle of equal treatment)

(2007/C 269/07)

Language of the case: French

Appointment of the First Advocate General

(2007/C 269/05)

Parties

The Court of
Justice appointed Mr Poiares Maduro as First
Advocate General for a period of one year expiring on 6 October
2008, pursuant to the third subparagraph of Article 10(1) of
the Rules of Procedure.

Taking of the oath by the new members of the Court of
First Instance

Appellant:
Maria-Luise
G. Vandersanden and L. Levi, lawyers)

Lindorfer

(represented

by:

Other party to the proceedings: Council of the European Union
(represented by: F. Anton and M. Sims-Robertson, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 18 March 2004 in Case T-204/01 Lindorfer v
Council dismissing her action for annulment of the Council deci-
sion of 3 November 2000 calculating her years of pensionable
service following transfer to the Community scheme of
the
redemption value of the pension rights which she had acquired
under the Austrian scheme.

(2007/C 269/06)

Operative part of the judgment

for

Appointed Judges at the Court of First Instance of the European
Communities
the period from 1 September 2007 to
31 August 2013 by decisions of the Representatives of the
Governments of the Member States of the European Commu-
nities of 25 April 2007 (1) and 23 May 2007 (2), Mr Dittrich,
Mr Soldevila Fragoso and Mr Truchot took the oath before the
Court of Justice on 17 September 2007.

Appointed Judge at the Court of First Instance of the European
the period from 17 September 2007 to
Communities for
31 August 2010 by decision of
the
Governments of the Member States of the European Commu-
nities of 25 April 2007 (3), Mr Frimodt Nielsen took the oath
before the Court of Justice on 17 September 2007.

the Representatives of

The Court:

1. Sets aside the judgment of

the Court of First

the
European Communities of 18 March 2004 in Case T-204/01
Lindorfer v Council to the extent that it dismissed Ms Lindorfer's
action on the ground that there was no discrimination based on
sex;

Instance of

2. Annuls the Decision of the Council of the European Union of
3 November 2000 calculating the number of Ms Lindorfer's years
of pensionable service;

3. Dismisses the remainder of the appeal;

4. Orders the Council of the European Union to pay the costs at first

instance and on appeal.

(1) OJ L 114 of 1.5.2007, p. 27.
(2) OJ L 139 of 31.5.2007, p. 32.
(3) OJ L 114 of 1.5.2007, p. 26.

(1) JO C 190, 24.7.2004.