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Case T-604/21: Action brought on 21 September 2021 — WP and Others v Commission

ECLI:EU:UNKNOWN:62021TN0604

62021TN0604

September 21, 2021
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8.11.2021

EN

Official Journal of the European Union

C 452/46

(Case T-604/21)

(2021/C 452/59)

Language of the case: French

Parties

Applicants: WP, WQ, WR (represented by: N. de Montigny, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

annul the decision of the PMO.4 of 16 November 2020 rejecting the application lodged on 14 September 2020 in the name of the deceased to seek recovery of his national pension rights that were transferred to the EU pension scheme, together with any interest accrued on those rights for all those years, until repaid in full;

annul, in so far as necessary, the express decision of 15 June 2021 rejecting the complaint of 15 February 2021 lodged in the name of the deceased, whose continuation by the estate was notified on 25 May 2021;

order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.

1.First plea in law, alleging that the defendant was unjustly enriched.

2.Second plea in law, alleging infringement of the principle of equal treatment in that the application of the principle of unjust enrichment as affirmed by the case-law differs from the implementation of that principle by other institutions in otherwise identical situations.

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