Maria Grazia Celant and others v Commission of the European Communities.
Date: 1983-10-06
22 AS REGARDS THE ARGUMENTS PUT FORWARD BY THE APPLICANTS IT MUST BE OBSERVED IN THE FIRST PLACE THAT IT IS NOT POSSIBLE TO QUESTION THE DIFFERENCES IN STATUS BETWEEN THE VARIOUS CATEGORIES OF PERSONS EMPLOYED BY THE COMMUNITIES , WHETHER AS OFFICIALS PROPERLY SO CALLED OR IN THE VARIOUS CATEGORIES OF STAFF COVERED BY THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS . AS THE COMMISSION RIGHTLY STATED , EACH OF THOSE CATEGORIES IS DEFINED IN ACCORDANCE WITH THE LEGITIMATE REQUIREMENTS OF THE COMMUNITY ADMINISTRATION AND THE NATURE OF THE PERMANENT OR TEMPORARY TASKS WHICH IT HAS TO PERFORM . THE FACT THAT SOME CATEGORIES OF PERSONS EMPLOYED BY THE COMMUNITIES MAY ENJOY GUARANTEES UNDER THE STAFF REGULATIONS AND SOCIAL SECURITY BENEFITS WHICH ARE NOT GIVEN TO OTHER CATEGORIES CANNOT , THEREFORE , BE REGARDED AS DISCRIMINATION . IN PARTICULAR IT MUST BE POINTED OUT THAT A GENERAL FEATURE OF THE POSITION OF STAFF COVERED BY THE CONDITIONS OF EMPLOYMENT IS THE CONTRACTUAL NATURE OF THE EMPLOYMENT RELATIONSHIP AND THE AFFILIATION OF A CONSIDERABLE PROPORTION OF SUCH STAFF TO THE NATIONAL SOCIAL SECURITY INSTITUTIONS OF EITHER THEIR COUNTRY OF ORIGIN OR THEIR PLACE OF RESIDENCE .
27 THE APPLICANTS CANNOT THEREFORE CLAIM FULL ENJOYMENT OF THE COMMUNITY PENSION SCHEME RETROACTIVELY AND WITHOUT ANY CONSIDERATION ON THEIR PART .     THE ONLY MACHINERY COMPATIBLE WITH SOUND FINANCIAL MANAGEMENT OF THE COMMUNITY PENSION SCHEME IN THE EVENT OF RETROACTIVE RECOGNITION OF PERIODS OF INSURANCE IS THE APPLICATION OF ARTICLE 11 OF ANNEX VIII TO THE STAFF REGULATIONS WHICH ALLOWS THE TRANSFER OF THE ACTUARIAL EQUIVALENT IN ORDER TO COVER THE LIABILITIES ASSUMED BY THE COMMUNITY SCHEME FOR PERIODS IN RESPECT OF WHICH IT PREVIOUSLY HAD NO RESPONSIBILITY .
28 SINCE THE ESTABLISHMENT OF THE ACTUARIAL EQUIVALENT BY THE ORIGINAL SOCIAL SECURITY INSTITUTION AND ITS REASSESSMENT ON THE BASIS OF THE RULES APPLICABLE UNDER THE COMMUNITY ' S PENSION SCHEME ARE BASED ON DIFFERENT PARTICULARS AND CONSIDERATIONS REGARDING THE HISTORY OF THOSE CONCERNED , THEIR FUTURE PROSPECTS , THE AMOUNT OF CONTRIBUTIONS AND THE NATURE AND AMOUNT OF BENEFITS , IT DOES NOT SEEM ABNORMAL THAT THE DETERMINATION OF THE YEARS OF PENSIONABLE SERVICE TO BE TAKEN INTO ACCOUNT FOR THE COMMUNITY PENSION LEADS TO A DIFFERENT FIGURE FROM THE YEARS OF PENSIONABLE SERVICE TAKEN INTO ACCOUNT BY THE NATIONAL INSTITUTION . SINCE SUCH YEARS OF PENSIONABLE SERVICE HAVE RELEVANCE ONLY IN RELATION TO BENEFITS TO WHICH THEY GIVE ENTITLEMENT UNDER THE VARIOUS NATIONAL AND COMMUNITY SCHEMES , THEY ARE NOT COMPARABLE INTER SE SAVE TO BRING INTO ACCOUNT IN ACTUARIAL TERMS AN ASSESSMENT BOTH OF THE PERSONAL POSITION OF EACH PERSON CONCERNED AND THE GENERAL CHARACTERISTICS OF THE SOCIAL SECURITY SCHEMES IN QUESTION . THE APPLICANTS , WHO HAVE CONFINED THEMSELVES TO MAKING A COMPARISON BETWEEN THEMSELVES AND COMMUNITY OFFICIALS , HAVE PRODUCED NO FACTOR CAPABLE OF RAISING DOUBT AS TO WHETHER THE ACTUARIAL FORMULAE USED BY THE COMMUNITY PROPERLY TRANSLATE THE RELATIONSHIP BETWEEN THE ACTUARIAL EQUIVALENT REACHED BY THE ITALIAN INSTITUTION AND THE REASSESSMENT THEREOF ACCORDING TO THE CRITERIA OF THE COMMUNITY SCHEME .