CELEX: C2007/269/07
Language: en
Date: 2007-11-10 00:00:00
Title: Case C-227/04 P: Judgment of the Court (Grand Chamber) of 11 September 2007 — Maria-Luise Lindorfer v Council of the European Union (Appeal — Officials — Transfer of pension rights — Professional activities prior to entering the service of the Communities — Calculation of the years of pensionable service — Article 11(2) of Annex VIII to the Staff Regulations — General implementing provisions — Principle of non-discrimination — Principle of equal treatment)

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/3
            
         Judgment of the Court (Grand Chamber) of 11 September 2007 — Maria-Luise Lindorfer v Council of the European Union
   (Case C-227/04 P) (1)
   
   (Appeal - Officials - Transfer of pension rights - Professional activities prior to entering the service of the Communities - Calculation of the years of pensionable service - Article 11(2) of Annex VIII to the Staff Regulations - General implementing provisions - Principle of non-discrimination - Principle of equal treatment)
   (2007/C 269/07)
   Language of the case: French
   Parties
   
      Appellant: Maria-Luise Lindorfer (represented by: G. Vandersanden and L. Levi, lawyers)
   
      Other party to the proceedings: Council of the European Union (represented by: F. Anton and M. Sims-Robertson, Agents)
   Re:
   Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 18 March 2004 in Case T-204/01 Lindorfer v Council dismissing her action for annulment of the Council decision of 3 November 2000 calculating her years of pensionable service following transfer to the Community scheme of the redemption value of the pension rights which she had acquired under the Austrian scheme.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Sets aside the judgment of the Court of First Instance of the European Communities of 18 March 2004 in Case T-204/01 Lindorfer v Council to the extent that it dismissed Ms Lindorfer's action on the ground that there was no discrimination based on sex;
            
         
               2.
            
            
               Annuls the Decision of the Council of the European Union of 3 November 2000 calculating the number of Ms Lindorfer's years of pensionable service;
            
         
               3.
            
            
               Dismisses the remainder of the appeal;
            
         
               4.
            
            
               Orders the Council of the European Union to pay the costs at first instance and on appeal.
            
         
      (1)  JO C 190, 24.7.2004.