Case T-128/17: Judgment of the General Court of 14 December 2018 — Torné v Commission (Civil service — Officials — 2014 reform of the Staff Regulations — Leave on personal grounds — Engagement at the same time as a member of the temporary staff — Transitional measures relating to certain details in the calculation of pension rights — Request for an advance ruling — Act having an adverse effect — Purpose of the transitional measures — Application ratione personae — Entry into service)
Date: 2018-12-14
Institutions: General Court
Subjects: European official, pension scheme, retirement conditions, servant (EU), staff regulations (EU), unpaid leave








C_2019093EN.01004902.xml










11.3.2019   


EN


Official Journal of the European Union


C 93/49






Judgment of the General Court of 14 December 2018 — Torné v Commission
(Case T-128/17) (1)

((Civil service - Officials - 2014 reform of the Staff Regulations - Leave on personal grounds - Engagement at the same time as a member of the temporary staff - Transitional measures relating to certain details in the calculation of pension rights - Request for an advance ruling - Act having an adverse effect - Purpose of the transitional measures - Application ratione personae - Entry into service))
(2019/C 93/61)
Language of the case: French

Parties


Applicant: Isabel Torné (Algés, Portugal) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented by: initially G. Berscheid and A.C. Simon, subsequently G. Berscheid and L. Radu Bouyon, and lastly G. Berscheid and B. Mongin, acting as Agents)

Interveners in support of the applicant: Agency for the Cooperation of Energy Regulators (represented by: initially S. Manessi, and subsequently P. Martinet, acting as Agents, assisted by S. Orlandi and T. Martin, lawyers); European Border and Coast Guard Agency (represented by: H. Caniard and S. Drew, acting as Agents, assisted by S. Orlandi and T. Martin, lawyers); European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (represented by: M. Chiodi, acting as Agent, assisted by D. Waelbroeck and A. Duron, lawyer); European Maritime Safety Agency (represented by: S. Dunlop, acting as Agent, assisted by S. Orlandi and T. Martin, lawyers); European Banking Authority (represented by: S. Giordano and J. Overett Somnier, acting as Agents); European Securities and Markets Authority (represented by: A. Lorenzet and N. Vasse, acting as Agents, assisted by S. Orlandi and T. Martin, lawyers); and European Asylum Support Office (represented by: initially W. Stevens, and subsequently M. Vitsa, acting as Agents, assisted by A. Duron, lawyer)

Re:

Application based on Article 270 TFEU seeking annulment of the Commission’s decision rejecting the applicant’s request of 16 December 2015 for an advance ruling setting the date of her entry into service within the meaning of the transitional provisions of Annex XIII to the Staff Regulations of Officials of the European Union regarding certain methods for calculating pension rights.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Commission of 16 April 2016, confirmed by the note of the Office for ‘Administration and Payment of Individual Entitlements’ (PMO) of 29 April 2016;










2.


Orders the Commission to bear its own costs and to pay those incurred by Ms Isabel Torné;










3.


Orders the Agency for the Cooperation of Energy Regulators (ACER), the European Border and Coast Guard Agency (Frontex), the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), the European Maritime Safety Agency (EMSA), the European Banking Authority (EBA), the European Securities and Markets Authority (ESMA) and the European Asylum Support Office (EASO) to bear their own respective costs.






(1)  OJ C 129, 24.4.2017.