EN

Official Journal of the European Union

C 414/41

(Case T-602/20)

(2020/C 414/62)

Language of the case: German

Parties

Applicant: MS (represented by: M. Medla, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the contested decision in the form of the decision on the complaint;

—order the defendant to pay the costs.

Pleas in law and main arguments

The action is directed against Decision PMO 4, TFT IN, 0425863600, of the European Commission, PMO — Office for the Administration and Payment of Individual Entitlements, PMO 4 — Pensions and relations with former officials, of 3 December 2019, in the form of Decision HR.E.2/NX/sb/Ares of the European Commission, DG HR — Directorate General for Human Resources and Security, DIR E — Legal Affairs & Partnerships, Unit 2 — Appeals & Case Monitoring, of 30 June 2020, by which the applicant’s complaint against the contested decision was rejected.

The action is based on a single plea in law, alleging infringement of the second subparagraph of Article 11(2) of Annex VIII to the Staff Regulations of Officials of the European Union (1) in conjunction with the second subparagraph of Article 7(1) of the decision of the Administrative Committee of the Court of Justice of 12 May 2004 laying down general implementing provisions relating to Articles 11 and 12 of Annex VIII to the Staff Regulations.

The applicant claims that the defendant incorrectly used as a basis for the calculation of the years of pensionable service to be credited the capital that was actually transferred and discounted by 3,9 % per annum to the day of the transfer application. According to the applicant, instead, the defendant should have used as a basis for this calculation the value, submitted by the national pension scheme provider, of the pension rights at the time of the transfer application. This would have led to a number of years of pensionable service to be credited that is over 20 % higher.

(1) Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community (OJ, English Special Edition, Series I Volume 1959-1962, p. 135).