24.2.2020

EN

Official Journal of the European Union

C 61/48

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(Case T-827/19)

(2020/C 61/61)

Language of the case: English

Parties

Applicant: Norbert Gaspar (Mensdorf, Luxembourg) (represented by: R. Wardyn, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the Commission’s decision of 23 May 2018; and

—order the Commission to pay the costs of the process.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

First plea in law, alleging violation of article 11(2) of Annex VIII of Staff Regulations and Article 7(1) of the GIP:

—the transferable pensionable years should be calculated on the basis of the amount actually transferred minus the capital appreciation between the date of the application for a transfer and the actual date of the transfer;

—the PMO erred by calculating the transferable pensions rights based solely on the amount provided by the national administration in the provisional decision while the amount actually transferred did not correspond uniquely to the capital appreciation between the date of the application for a transfer and the date of the actual transfer.

Second plea in law, alleging unjustified enrichment of the Union:

—the calculation of the transferable years on the basis of a provisional amount which was subject to recalculation and that did not correspond uniquely to the capital appreciation between the date of the application for a transfer and the actual date of the transfer resulted in unjustified enrichment of the Union.

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