SCHEMES BASED ON THE PAYMENT OF CONTRIBUTIONS, THE ONLY METHOD WHICH MAKES IT POSSIBLE TO TRANSFER PENSION RIGHTS TO ANOTHER SCHEME IS REPAYMENT OF CONTRIBUTIONS .
16 THE FRENCH GOVERNMENT AND THE UNITED KINGDOM ALSO POINT OUT THAT THE CONCEPT OF VESTED RIGHTS, IN THE CONTEXT IN QUESTION, IS NOT DEFINED ANYWHERE, AND CONSEQUENTLY THERE ARE NO GROUNDS FOR CLAIMING THAT THE ACTUARIAL EQUIVALENT MUST BE PROVIDED FOR IN ALL CASES IN ORDER TO PERMIT THE TRANSFER TO THE COMMUNITY PENSION SCHEME OF RIGHTS ACQUIRED UNDER A NATIONAL SCHEME .
17 AS FOR THE QUESTION WHETHER ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS REQUIRES THE MEMBER STATES TO CONFER ON COMMUNITY OFFICIALS THE RIGHT TO OPT FOR THE TRANSFER OF THE ACTUARIAL EQUIVALENT OF PENSION RIGHTS IN ALL CASES, IT SHOULD IN THE FIRST PLACE BE BORNE IN MIND THAT THE COURT POINTED OUT, IN ITS JUDGMENT OF 20 OCTOBER 1981 IN CASE 137/80 COMMISSION V BELGIUM (( 1981 )) ECR 2393, THAT, BY ESTABLISHING FOR THE BENEFIT OF OFFICIALS A SYSTEM FOR THE TRANSFER OF PENSION RIGHTS, THE STAFF REGULATIONS SEEK TO FACILITATE MOVEMENT FROM NATIONAL EMPLOYMENT, WHETHER PUBLIC OR PRIVATE, TO THE COMMUNITY ADMINISTRATION AND THUS ENSURE THAT THE COMMUNITIES HAVE THE BEST POSSIBLE CHANCE OF BEING ABLE TO CHOOSE QUALIFIED STAFF WHO ALREADY POSSESS SUITABLE EXPERIENCE .
18 IN THAT JUDGMENT, THE COURT EMPHASIZED MORE SPECIFICALLY THAT MOVEMENT TO THE EUROPEAN CIVIL SERVICE MUST BE FACILITATED BY MACHINERY WHICH ENSURES THAT COMMUNITY OFFICIALS MAY RETAIN THE RIGHTS WHICH THEY HAVE ACQUIRED IN THEIR OWN STATE EVEN THOUGH THEY MAY BE LIMITED, OR EVEN CONDITIONAL OR FUTURE, OR INSUFFICIENT TO GIVE RISE TO THE IMMEDIATE AWARD OF A PENSION, AND ALSO TO ENSURE THAT ACCOUNT MAY BE TAKEN OF THOSE RIGHTS BY THE PENSION SCHEME TO WHICH THE PERSONS CONCERNED ARE AFFILIATED AT THE END OF THEIR CAREERS, IN THIS CASE THE COMMUNITY SCHEME .
19 SINCE THAT IS THE AIM PURSUED BY ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS, THE MEMBER STATES ARE UNDER AN OBLIGATION TO TAKE PRACTICAL STEPS TO ENABLE OFFICIALS TO EXERCISE THE OPTION CONFERRED UPON THEM OF TRANSFERRING THE RIGHTS ACQUIRED UNDER A NATIONAL SCHEME TO THE COMMUNITY PENSION SCHEME .
20 AS REGARDS THE COMMISSION' S ARGUMENT TO THE EFFECT THAT THE REPAYMENT OF CONTRIBUTIONS IS MERELY SUBSIDIARY TO THE ACTUARIAL EQUIVALENT, IT MUST BE STATED THAT NEITHER THE WORDING OF THAT PROVISION NOR ITS OBJECTIVES AS SET OUT ABOVE GIVE PRECEDENCE TO EITHER OF THOSE METHODS OF CALCULATION . AS THE COURT HELD IN ITS JUDGMENT OF 23 JANUARY 1986 IN CASE 171/84 SOMA V COMMISSION (( 1986 )) ECR 185, THE PURPOSE OF ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS IS TO ENSURE THE TRANSITION FROM A NATIONAL INSURANCE SCHEME TO THE COMMUNITY SCHEME BY ONE OF THE TWO PROCEDURES TO WHICH IT REFERS .
21 IN THAT REGARD, IT MUST BE ADDED THAT ARTICLE