Official Journal of the European Union

Series C

C/2023/526

(Case T-171/22) (<span class="oj-super oj-note-tag">1</span>)

(Civil service - Officials - Retirement pension - Pension rights acquired before entry into the service of the European Union - Transfer to the EU scheme - Period of less than 10 years’ service - Death - Refusal to repay capital representing national pension rights transferred and pension rights acquired in the PSEUI - Article 11(1) and Article 12(1)(b) of Annex VIII to the Staff Regulations - Unjust enrichment)

(C/2023/526)

Language of the case: French

Parties

Applicants: OR, OS (represented by: N. de Montigny, lawyer)

Defendant: European Commission (represented by: T. Bohr, M. Brauhoff and G. Niddam, acting as Agents)

Re:

By their action under Article 270 TFEU, the applicants in their capacity as legal heirs of A seek, in the first place, the annulment of the decision of the European Commission’s Office for the Administration and Payment of Individual Entitlements (PMO) of 12 July 2021 rejecting their request for repayment of the capital representing the national pension rights acquired by their father before his entry into the service of the European Union and transferred to the pension scheme of the EU institutions (‘the PSEUI’), and of the capital corresponding to the contributions of that person to the PSEUI before his death and, moreover, in so far as it is considered that it provides additional reasoning, of the decision of 22 December 2021 by which their complaint was rejected and, in the second place, repayment of the sums claimed, together with interest at the rate set by the European Central Bank (ECB) for main refinancing operations, increased by two percentage points.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders OR and OS to bear the costs.

Language of the case: French.

ELI: http://data.europa.eu/eli/C/2023/526/oj

ISSN 1977-091X (electronic edition)

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