Judgment of the Court of 17 December 1987. - Commission of the European Communities v Grand Duchy of Luxembourg. - Failure by a Member State to fulfil its obligations - Transfer of pension rights to the Communities. - Case 315/85.
European Court reports 1987 Page 05391
Summary
Parties
Grounds
Decision on costs
Operative part
Keywords
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OFFICIALS - PENSIONS - PENSION RIGHTS ACQUIRED BEFORE ENTRY INTO THE SERVICE OF THE COMMUNITIES - TRANSFER TO THE COMMUNITY SCHEME - DETAILED RULES - ACTUARIAL EQUIVALENT OR SUMS REPAID - POSSIBILITY OF CHOOSING - OBLIGATIONS OF THE MEMBER STATES - LIMITS
( STAFF REGULATIONS OF OFFICIALS, ANNEX VIII, ART . 11 ( 2 ) )
Summary
ALTHOUGH THE MEMBER STATES ARE UNDER AN OBLIGATION TO TAKE PRACTICAL STEPS TO ENABLE OFFICIALS TO EXERCISE THE OPTION CONFERRED UPON THEM BY ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS OF TRANSFERRING THE RIGHTS ACQUIRED UNDER A NATIONAL PENSION SCHEME TO THE COMMUNITY PENSION SCHEME, THAT PROVISION, WHOSE PURPOSE IS TO ENSURE THE TRANSITION FROM A NATIONAL INSURANCE SCHEME TO THE COMMUNITY SCHEME BY ONE OF THE TWO PROCEDURES TO WHICH IT REFERS, NAMELY TRANSFER OF THE ACTUARIAL EQUIVALENT OR TRANSFER OF THE SUMS REPAID, WITHOUT GIVING PRECEDENCE TO EITHER, DOES NOT REQUIRE THE MEMBER STATES TO GRANT OFFICIALS THE OPTION OF CHOOSING BETWEEN THOSE TWO METHODS OF CALCULATION .
ACCORDINGLY, IF THE PROVISIONS APPLICABLE IN A MEMBER STATE TO THE TRANSITION FROM ONE NATIONAL PENSION SCHEME TO ANOTHER MAKE NO PROVISION FOR THE CALCULATION OF THE ACTUARIAL EQUIVALENT, ARTICLE 11 ( 2 ) OF ANNEX VIII TO THE STAFF REGULATIONS DOES NOT PREVENT THAT MEMBER STATE FROM ADOPTING ONLY THE CALCULATION OF THE SUMS REPAID FOR THE PURPOSE OF TRANSFERRING PENSION RIGHTS FROM A NATIONAL SCHEME TO A COMMUNITY SCHEME .
Parties
IN CASE 315/85
COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS PRINCIPAL LEGAL ADVISER, HENRI ETIENNE, AND BY ITS LEGAL ADVISER, DIMITRIOS GOULOUSSIS, ACTING AS AGENTS, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF G . KREMLIS, A MEMBER OF THE COMMISSION' S LEGAL DEPARTMENT, JEAN MONNET BUILDING, KIRCHBERG,
APPLICANT,
V
GRAND DUCHY OF LUXEMBOURG, REPRESENTED BY BENNY BERG, MINISTER FOR SOCIAL SECURITY, AND GEORGES SCHROEDER, DIRECTOR OF THE GENERAL INSPECTORATE FOR SOCIAL SECURITY, ACTING AS AGENT, ASSISTED BY NICOLAS DECKER, OF THE LUXEMBOURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT MR DECKER' S CHAMBERS, 16 AVENUE MARIE-THERESE,
DEFENDANT,
SUPPORTED BY :
( 1 ) FRENCH REPUBLIC, REPRESENTED BY G . GUILLAUME, DIRECTOR OF LEGAL AFFAIRS AT THE MINISTRY OF FOREIGN RELATIONS, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE FRENCH EMBASSY, 2 RUE BERTHOLET,
( 2 ) UNITED KINGDOM, REPRESENTED BY BRIAN MCHENRY OF THE TREASURY SOLICITOR' S DEPARTMENT, QUEEN ANNE' S CHAMBERS, LONDON, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE BRITISH EMBASSY, 28 BOULEVARD ROYALE,
INTERVENERS,
APPLICATION FOR A DECLARATION THAT THE GRAND DUCHY OF LUXEMBOURG HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER