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Case T-111/22: Order of the General Court of 14 December 2022 — Baert v Commission (Civil service — Retirement pension — Pension rights acquired before entry into the service of the European Union — Transfer to the EU scheme — Crediting of additional years of pensionable service — Action for annulment — Request for repayment of transferred capital which has not given rise to a crediting of additional years — Time limit for complaints — Unjust enrichment — Manifest inadmissibility)
ECLI:EU:UNKNOWN:62022TB0111
62022TB0111
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Official Journal of the European Union
C 63/51
(Case T-111/22) (*)
(Civil service - Retirement pension - Pension rights acquired before entry into the service of the European Union - Transfer to the EU scheme - Crediting of additional years of pensionable service - Action for annulment - Request for repayment of transferred capital which has not given rise to a crediting of additional years - Time limit for complaints - Unjust enrichment - Manifest inadmissibility)
(2023/C 63/67)
Language of the case: French
Parties
Applicant: Rhonny Baert (Deinze, Belgium) (represented by: D. Grisay and A. Ansay, lawyers)
Defendant: European Commission (represented by: B. Mongin, M. Brauhoff and L. Radu Bouyon, acting as Agents)
Interveners in support of the defendant: European Parliament (represented by: J. Van Pottelberge and M. Windisch, acting as Agents), Council of the European Union (represented by: M. Bauer and I. Demoulin, acting as Agents)
Re:
By his action under Article 270 TFEU, the applicant seeks, in essence, principally, first, annulment of the alleged implicit decision of the European Commission of 28 February 2022 rejecting his complaint in so far as it concerns annulment of the notification of 21 December 2016 on the determination of his retirement pension rights and, second, referral of his case to the appointing authority of the Commission to determine the amount to repay him and, in the alternative, an order requiring the Commission to pay a sum of EUR 31 066,80, on the ground of unjust enrichment.
Operative part of the order
1.The action is dismissed as being manifestly inadmissible.
2.Mr Rhonny Baert is ordered to bear his own costs and to pay those of the European Commission.
3.The European Parliament and the Council of the European Union are to bear their own costs.
(*) OJ C 158, 11.4.2022.