CELEX: 62016TN0728
Language: en
Date: 2016-10-14 00:00:00
Title: Case T-728/16: Action brought on 14 October 2016 — Tuerck v Commission

19.12.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 475/18
            
         Action brought on 14 October 2016 — Tuerck v Commission
   (Case T-728/16)
   (2016/C 475/28)
   Language of the case: French
   
      Parties
   
   
      Applicant: Sabine Tuerck (Woluwe-Saint-Pierre, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)
   
      Defendant: European Commission
   
      Form of order sought
   
   Declare and rule that
   
               —
            
            
               the decision of 10 December 2015 confirming the transfer of the applicant’s pension rights is 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 two pleas in law.
   
               1.
            
            
               First plea in law, alleging infringement of Article 7(1) of the General Implementing Provisions (GIP) of Articles 11 and 12 of Annex VIII to the Staff Regulations concerning the transfer of pension rights of 3 March 2011. That infringement was committed by the Appointing Authority when calculating the deduction of the amount representing the capital appreciation between the date of the application for a transfer and the actual date of the transfer.
            
         
               2.
            
            
               Second plea in law, alleging infringement of Article 11(2) of Annex VIII to the Staff Regulations insofar as the Appointing Authority took her promotion into account with retroactive effect in order to determine her basic pay at the date of the application for transfer of her pension rights.