LAW OF 16 DECEMBER 1963 ON THE COORDINATION OF PENSION SCHEMES, AS AMENDED BY THE LAW OF 14 MARCH 1979 AND THE LAW OF 23 MAY 1984, PROVIDES, WITH REGARD TO SUCCESSIVE AFFILIATION FIRST TO A CONTRIBUTORY AND THEN TO A NON-CONTRIBUTORY SCHEME, AS FOLLOWS :
"( 1 ) WHERE A PERSON MOVES FROM A CONTRIBUTORY SCHEME TO A NON-CONTRIBUTORY SCHEME, THE CONTRIBUTIONS PAID IN RESPECT OF THE PERIODS OF AFFILIATION TO THE CONTRIBUTORY SCHEME WHICH ARE TO BE TAKEN INTO CONSIDERATION UNDER THE NON-CONTRIBUTORY SCHEME SHALL BE TRANSFERRED TO THE INSTITUTION THAT IS TO ASSUME RESPONSIBILITY FOR THOSE SUMS .
( 2 ) ...
( 3 ) WHERE A PERSON MOVES FROM A LUXEMBOURG CONTRIBUTORY PENSION SCHEME TO A PENSION SCHEME OF AN INTERNATIONAL INSTITUTION WHICH PROVIDES FOR THE BUYING-IN OF PENSION RIGHTS ACQUIRED DURING PERIODS OF EMPLOYMENT PRIOR TO HIS ESTABLISHMENT, THE CONTRIBUTIONS PAID TO THE LUXEMBOURG PENSION SCHEME SHALL BE TRANSFERRED UPON REQUEST BY THE PERSON CONCERNED TO THE PENSION SCHEME OF THE INTERNATIONAL INSTITUTION, TOGETHER WITH INTEREST AT 4% PER ANNUM AS FROM 31 DECEMBER OF EACH YEAR OF AFFILIATION .
( 4 ) THE REQUEST SHALL BE SUBMITTED WITHIN ONE YEAR FROM THE DATE OF ESTABLISHMENT, FAILING WHICH IT WILL NOT BE ADMITTED .
( 5 ) ...".
4 TAKING THE VIEW THAT ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS CONFERS ON COMMUNITY OFFICIALS WHO COME FROM THE PRIVATE SECTOR AND WHO ARE AFFILIATED TO A CONTRIBUTORY SCHEME THE RIGHT TO OPT FOR THE TRANSFER OF THE ACTUARIAL EQUIVALENT OF THEIR PENSION RIGHTS IN ALL CASES AND THAT THE RELEVANT LUXEMBOURG LEGISLATION DOES NOT PROVIDE FOR THAT POSSIBILITY, THE COMMISSION, BY A LETTER OF 31 JULY 1984, GAVE FORMAL NOTICE TO THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 169 OF THE EEC TREATY .
5 AS THE LUXEMBOURG GOVERNMENT DID NOT ACKNOWLEDGE THAT IT HAD FAILED TO FULFIL ITS OBLIGATIONS, AS CHARGED, THE COMMISSION ADDRESSED A REASONED OPINION TO THAT GOVERNMENT ON 30 APRIL 1985 PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 169 OF THE EEC TREATY . SINCE THE LUXEMBOURG GOVERNMENT DID NOT STATE ITS POSITION ON THAT REASONED OPINION, THE COMMISSION BROUGHT THIS ACTION .
6 BY ORDERS OF 29 APRIL 1986, THE FRENCH REPUBLIC AND THE UNITED KINGDOM WERE GRANTED LEAVE TO INTERVENE IN THE PROCEEDINGS IN SUPPORT OF THE CONCLUSIONS OF THE GRAND DUCHY OF LUXEMBOURG .
7 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE FACTS, THE RELEVANT LEGISLATION AND THE CONCLUSIONS OF THE PARTIES, WHICH ARE MENTIONED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
8 THE COMMISSION MAINTAINS, IN THE FIRST PLACE, THAT ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS IMPOSES AN OBLIGATION ON THE MEMBER STATES TO PROVIDE NOT ONLY FOR THE TRANSFER OF THE SUMS REPAID BUT ALSO FOR THE TRANSFER OF THE ACTUARIAL