Official Journal of the European Union

EN

C series

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C/2024/7038

(Case T-495/24)

(C/2024/7038)

Language of the case: Italian

Parties

Applicant: FG (represented by: M. Velardo, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—Annul in part the decision of the PMO/2, pensions, of 28 September 2023, determining the applicant’s pension rights at the time of transfer to the European pension fund, also transferring to that fund EUR 32 723,22 in compound interest;

—Annul the decision of 14 June 2024 rejecting the complaint, lodged on 27 December 2023 and registered with the Appeals and Case Monitoring Unit (HR.F.6) of the European Commission on 3 January 2024 under number R/11/24, challenging the decision of 28 September 2023 referred to above;

—Order the Commission to pay the costs.

Pleas in law and main arguments

—The applicant challenges the Commission’s interpretation of the applicable rules, arguing that it results in a breach of his right to property, protected under Article 17 of the Charter of Fundamental Rights of the European Union.

More specifically, the applicant argues that, in line with the principle accessorium sequitur principale, which expresses the relationship between capital and interest, the discount rate should have been calculated as from the date on which the proposal for conversion of the pension contributions into pensionable years was accepted, because it is only at that time that the Commission acquired ownership of the capital sum. If the interest is calculated on the basis of the date on which the request for the transfer of the employee’s contributions was recorded, then this is in breach of Article 17 of the Charter of Fundamental Rights of the European Union, because the interest is paid irrespective of actual ownership of the capital sum.

ELI: http://data.europa.eu/eli/C/2024/7038/oj

ISSN 1977-091X (electronic edition)

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