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Valentina R., lawyer
EN
(2017/C 382/62)
Language of the case: French
Applicants: Nicola Ardigo (Lissone, Italy) and UO (represented by: S. Orlandi and T. Martin, lawyers)
Defendant: European Commission
—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.
In support of the action, the applicant relies on two 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.