CELEX: 62017TN0615
Language: en
Date: 2017-09-08 00:00:00
Title: Case T-615/17: Action brought on 8 September 2017 — Ardigo and UO v Commission

13.11.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 382/50
            
         Action brought on 8 September 2017 — Ardigo and UO v Commission
   (Case T-615/17)
   (2017/C 382/62)
   Language of the case: French
   
      Parties
   
   
      Applicants: Nicola Ardigo (Lissone, Italy) and UO (represented by: S. Orlandi and T. Martin, lawyers)
   
      Defendant: European Commission
   
      Form of order sought
   
   
               —
            
            
               Declare and rule that
               
                           —
                        
                        
                           the decisions confirming the transfer of the applicants’ pension rights into the European Union pension scheme are annulled;
                        
                     
                           —
                        
                        
                           the European Commission is ordered to pay the costs.
                        
                     
         
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on tow pleas in law.
   
               1.
            
            
               First plea in law, alleging infringement by the Appointing Authority of Article 7(1) of the General Implementing Provisions (GIPs) of 3 March 2011 in the calculation by that Authority of the deduction of the amount representing the increase in value of that capital between the date of the application for transfer and that of the actual transfer.
            
         
               2.
            
            
               Second plea in law, alleging infringement of essential procedural measures, namely breaches by the Appointing Authority of its obligations to state reasons and to establish, through the GIPs, the mathematical formula by which it calculated the coefficients necessary for the conversion of the capital transferred into years of pensionable service.