CELEX: 62014FA0096
Language: en
Date: 2016-02-05 00:00:00
Title: Case F-96/14: Judgment of the Civil Service Tribunal (Third Chamber) of 5 February 2016 –Bulté and Krempa v Commission (Civil service — Surviving dependants of a deceased former official — Pensions — Survivors’ pensions — Article 85 of the Staff Regulations — Recovery of overpayment — No due reason for the payment — Patent irregularity — None)

21.3.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 106/47
            
         Judgment of the Civil Service Tribunal (Third Chamber) of 5 February 2016 –Bulté and Krempa v Commission
   (Case F-96/14) (1)
   
   ((Civil service - Surviving dependants of a deceased former official - Pensions - Survivors’ pensions - Article 85 of the Staff Regulations - Recovery of overpayment - No due reason for the payment - Patent irregularity - None))
   (2016/C 106/56)
   Language of the case: French
   
      Parties
   
   
      Applicants: Hilde Bulté and Tom Krempa (Brussels, Belgium) (represented by: J. Lombaert and A. Surny, lawyers)
   
      Defendant: European Commission (represented initially by J. Currall and G. Gattinara, acting as Agents, and subsequently by G. Gattinara, acting as Agent)
   
      Re:
   
   Application for annulment of the decision taken by the Commission retroactively revising the survivors’ pensions paid to the applicants and ordering the recovery of the excess amounts received.
   
      Operative part of the judgment
   
   The Tribunal:
   
               1.
            
            
               Annuls the decision of the European Commission of 22 November 2013, as set out in the opinion of the Paymaster Office of the same day, to modify, with retroactive effect from 1 August 2010, the pensions paid to Ms Bulté and Mr Krempa in their capacity as the surviving dependants of a deceased former official and to recover the sums overpaid to them from 1 August 2010 until November 2013;
            
         
               2.
            
            
               Orders the European Commission to reimburse Ms Bulté and Mr Krempa for the sums levied on their respective pensions pursuant to the decision referred to in paragraph 1 of this operative part;
            
         
               3.
            
            
               Orders each of the parties to bear their own costs.
            
         
      (1)  OJ C 7, 12.1.2015, p. 49.