Case C-613/25 P: Appeal brought on 16 September 2025 by CR against the judgment of the General Court (Fifth Chamber) delivered on 2 July 2025 in Case T-131/24, CR v Commission
Date: 2025-09-16
Institutions: Court of Justice
Subjects: amendment of a law, equal treatment, pension scheme, principle of proportionality, retirement conditions, servant (EU), staff regulations (EU)








C_202600443EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/443


2.2.2026






Appeal brought on 16 September 2025 by CR against the judgment of the General Court (Fifth Chamber) delivered on 2 July 2025 in Case T-131/24, CR v Commission


(Case C-613/25 P)

(C/2026/443)
Language of the case: French

Parties


Appellant: CR (represented by: S. Orlandi, avocat)

Other parties to the proceedings: European Commission, European Parliament, Council of the European Union

Form of order sought

The appellant claims that the Court should:






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set aside the judgment of the General Court of the European Union of 2 July 2025, CR v Commission (T-131/24, ECLI:EU:T:2025:649);










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annul the decision of 4 May 2023 of the Office for the Administration and Payment of Individual Entitlements (PMO), establishing the pension rights of CR;










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order the Commission to pay the costs of both sets of proceedings.





Grounds of appeal and main arguments

In support of her appeal, the appellant submits that the General Court made several errors of law:






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Misinterpretation of the scope of transitional measures (Articles 21 and 22 of Annex XIII to the Staff Regulations, and Article 1 of the Annex to the Conditions of Employment of Other Servants of the European Union):
It is apparent from the case-law (judgments of 15 December 2022, Picard v Commission (C-366/21 P, EU:C:2022:984), and of 14 December 2018, Torné v Commission, T-128/17, EU:T:2018:969), that continuous membership of the pension scheme is decisive for claiming the benefit of the transitional measures referred to in Articles 21 and 22 of Annex XIII to the Staff Regulations, regardless of a change of contract.
In holding, by contrast, that the appointment as an official of a member of the contract or temporary staff who benefits from Articles 21 and 22 of Annex XIII to the Staff Regulations automatically results in the application of Article 28 of Annex XIII of the Staff Regulations, the General Court misinterpreted the scope of Articles 21 and 22 of that annex, which are specifically intended to protect the acquired rights and the legitimate expectations of staff that were ‘existing staff’ before the 2014 reform.










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Infringement of the principle of equal treatment:
The General Court accepted that contract or temporary staff could continue to benefit from the transitional measures referred to in Articles 21 and 22 of Annex XIII to the Staff Regulations when changing contract, but ruled out that benefit in the case of the appellant, a member of the contract staff who was appointed as an official, even though she had contributed to the single common pension scheme without interruption.
Such a difference in treatment, which penalises appointment as an official, is arbitrary and manifestly inappropriate in relation to the objective pursued by the legislature (protection of acquired rights and legitimate expectations of existing staff).










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In the alternative: plea of illegality in respect of Article 28 of Annex XIII to the Staff Regulations:
If the interpretation adopted by the General Court were to be upheld, Article 28 of Annex XIII to the Staff Regulations would infringe the principle of equal treatment, as it results in contract/temporary staff who have become officials being treated less favourably than those who remain contract or temporary staff, despite their continuous membership of the scheme.
In conclusion, the appellant asks the Court to rule that, as she entered into service before the 2014 reform and was continuously affiliated to the EU pension scheme until her retirement, she should continue to benefit from the protective transitional measures provided for in Articles 21 and 22 of Annex XIII to the Staff Regulations, and not from Article 28 of Annex XIII to the Staff Regulations.






ELI: http://data.europa.eu/eli/C/2026/443/oj
ISSN 1977-091X (electronic edition)