CELEX: 62014CA0408
Language: en
Date: 2015-09-10 00:00:00
Title: Case C-408/14: Judgment of the Court (Third Chamber) of 10 September 2015 (request for a preliminary ruling from the Tribunal du travail de Bruxelles — Belgium) — Aliny Wojciechowski v Office national des pensions (ONP) (Reference for a preliminary ruling — Retired EU official who has, prior to entering the service, pursued an activity in an employed capacity in the Member State in which she is posted — Pension rights by virtue of the national pension scheme for employed persons — Occupational record unit — Refusal to pay the retirement pension for employed persons — Principle of sincere cooperation)

3.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 363/17
            
         Judgment of the Court (Third Chamber) of 10 September 2015 (request for a preliminary ruling from the Tribunal du travail de Bruxelles — Belgium) — Aliny Wojciechowski v Office national des pensions (ONP)
   (Case C-408/14) (1)
   
   ((Reference for a preliminary ruling - Retired EU official who has, prior to entering the service, pursued an activity in an employed capacity in the Member State in which she is posted - Pension rights by virtue of the national pension scheme for employed persons - Occupational record unit - Refusal to pay the retirement pension for employed persons - Principle of sincere cooperation))
   (2015/C 363/20)
   Language of the case: French
   
      Referring court
   
   Tribunal du travail de Bruxelles
   
      Parties to the main proceedings
   
   
      Applicant: Aliny Wojciechowski
   
      Defendant: Office national des pensions (ONP)
   
      Operative part of the judgment
   
   Article 4(3) TEU, in conjunction with the Staff Regulations of Officials of the European Union, established by Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission, as amended by Regulation (EU, Euratom) No 1080/2010 of the European Parliament and of the Council of 24 November 2010, must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which may give rise to the reduction or refusal of a retirement pension payable to an employed person who is a national of that Member State by virtue of the service performed, in accordance with its legislation, where the total number of years of the occupational record acquired by him as an employed person in that Member State and as an EU official posted in that Member State exceeds the ‘occupational record unit’ of 45 years referred to in that legislation, in so far as, owing to the method used to calculate the fraction representing the size of the pension payable by the European Union, that reduction is greater than it would have been had he acquired the whole of his occupational record as an employed person in the Member State in question.
   
      (1)  OJ C 421, 24.11.2014.