24.4.2017

EN

Official Journal of the European Union

C 129/27

(Case T-128/17)

(2017/C 129/41)

Language of the case: French

Parties

Applicant: Isabel Torné (Algés, Portugal) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Form of order sought

Declare and rule that:

—The decision of 16 April 2016 to reject her application to have her pension accrual rate and her retirement date fixed is annulled;

—The European Commission is ordered to pay the costs.

Pleas in law and main arguments

In the present action, the applicant contests the decision impliedly rejecting her application for an advance ruling concerning certain fixed and invariable factors in the calculation of her pension rights. She is of the opinion that the implied rejection of her application constitutes a failure to take a measure required by the Staff Regulations and, accordingly, is a measure adversely affecting her for the purpose of Article 90 of the Staff Regulations.

With regard to the factors for calculation of her pension, the applicant also contests the Commission’s practice of taking the view that the transfer of a member of the temporary staff covered by Article 2(f) of the CEOS to another EU agency entails the conclusion of a new contract, separate from the previous contract, which shows a discontinuity in the career of that member of the temporary staff and therefore entails the application of the new rules under the Staff Regulations concerning retirement pensions.