Case F-126/15: Judgment of the Civil Service Tribunal (Third Chamber) of 20 July 2016 — Barroso Truta and Others v Court of Justice (Civil Service — Contractual agents — Pensions — Article 11(2) of Annex VIII to the Staff Regulations — Transfer to the European Union’s pension scheme of pension rights previously acquired under national schemes — AECC’s proposals to add years of pensionable service — Invitation to contact the administration for explanations and to discuss whether it would be appropriate to make transfers — Acceptance by the agents of the transfer of their national pension rights without prior consultation with the AECC — Definitive nature of the transfers — Subsequent discovery of the ‘minimum subsistence figure’ rule — Fourth paragraph of Article 77 of the Staff Regulations — Duty of diligence — Alleged insufficiency of the information provided by the AECC when putting forward the proposals to add years of pensionable service — Action for damages — Non-compliance with the requirements governing the pre-litigation stage — Inadmissibility)
Date: 2016-07-20
Institutions: Civil Service Tribunal
Subjects: indemnification, retirement conditions, servant (EU), staff regulations (EU), transfer of pension rights








C_2016364EN.01003701.xml










3.10.2016   


EN


Official Journal of the European Union


C 364/37






Judgment of the Civil Service Tribunal (Third Chamber) of 20 July 2016 — Barroso Truta and Others v Court of Justice
(Case F-126/15) (1)

((Civil Service - Contractual agents - Pensions - Article 11(2) of Annex VIII to the Staff Regulations - Transfer to the European Union’s pension scheme of pension rights previously acquired under national schemes - AECC’s proposals to add years of pensionable service - Invitation to contact the administration for explanations and to discuss whether it would be appropriate to make transfers - Acceptance by the agents of the transfer of their national pension rights without prior consultation with the AECC - Definitive nature of the transfers - Subsequent discovery of the ‘minimum subsistence figure’ rule - Fourth paragraph of Article 77 of the Staff Regulations - Duty of diligence - Alleged insufficiency of the information provided by the AECC when putting forward the proposals to add years of pensionable service - Action for damages - Non-compliance with the requirements governing the pre-litigation stage - Inadmissibility))
(2016/C 364/44)
Language of the case: French

Parties


Applicants: Barroso Truta (Bofferdange, Luxembourg) and Others (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: Court of Justice of the European Union (represented by: J. Inghelram, agent)

Re:

Payment of compensation to the applicants for the material harm which they have incurred on account of the loss of their pension rights acquired in the national system following the transfer of those rights to the pension scheme of the European Union.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders the Court of Justice of the European Union to bear its own costs and to pay the costs incurred by Mr José Barroso Truta, Mr Marc Forli, Mr Calogero Galante and Mr Bernard Gradel.






(1)  OJ C 414, 14.12.2015, p. 42.