EN
C 158/14
Official Journal of the European Union
11.4.2022
Action brought on 28 February 2022 — Kremer v Commission (Case T-110/22) (2022/C 158/17) Language of the case: French Parties Applicant: Christiane Kremer (Brussels, Belgium) (represented by: D. Grisay and A. Ansay, lawyers) Defendant: European Commission
Form of order sought The applicant claims that the Court should: — accept the present application for annulment/non-contractual liability; — declare the application admissible and consequently: — principally, — declare the action for annulment well founded and rule that the decision of the appointing authority of 24 February 2022 refusing admissibility is null and void on the grounds that: — Article 77 of the Staff Regulations and Article 11 of Annex VIII to the Staff Regulations on which the notice of determination sent to the applicant is based are unlawful; — by not proposing to the applicant, in her notice of determination, any repayment of the pension rights unaccounted for by the competent European authority, the European Commission failed in its duty to have regard to the welfare of officials; — by not proposing to the applicant, in her notice of determination, any repayment of the pension rights unaccounted for by the competent European authority, the European Commission failed to comply with the principle of equal treatment and non-discrimination; — and refer the file back to the appointing authority so that it may determine the amount to be repaid to the applicant; — in the alternative, — declare the action for compensation based on unjust enrichment well founded on the ground that the applicant has been impoverished by the amount of her pension rights contributed in her national pension scheme not taken into account by the competent European authority and which have, by the same token, enriched the pension fund of the European Union; — order the Commission to compensate the applicant for two financial losses suffered, assessed at the date of lodging this application at a principal amount of EUR 55 401,07; — order the Commission to pay the costs.
Pleas in law and main arguments In support of the action, the applicant relies on four pleas in law. 1.
First plea in law, alleging the unlawfulness of Article 77(1) of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’) and of Article 11(2) of Annex VIII to the Staff Regulations.
The applicant submits that the abovementioned provisions provide that the official is to take the decision to transfer his pension rights, accrued in the national pension scheme, to the pension fund of the European Union (‘the PFEU’) within the 10 years of the official’s start of employment in the service of the institutions of the European Union.
However, it is only at the time of retirement that the official who has carried out a transfer can accurately assess the scope of his possible transfer, in particular owing to the rule which limits the amount of pensions to 70 %.
The applicant therefore concludes that, in breach of the principle of non-discrimination, that rule creates a difference in treatment compared with an official who has spent his entire career within the European system.