Official Journal of the European Union

C 179/46

(Case T-342/22) (<span class="oj-super oj-note-tag">1</span>)

(Civil service - Contract staff - Retirement pensions - Pension rights acquired before entry into the service of the EU - Transfer to the EU scheme - Additional years of pensionable service - Action for annulment - Claim for repayment of part of the capital transferred - Unjust enrichment - Time limit for complaints - Manifest inadmissibility - Application for an order - Manifest lack of jurisdiction)

(2023/C 179/68)

Language of the case: French

Parties

Applicant: Despina Oxyzoglou (Brussels, Belgium) (represented by: D. Grisay and A. Ansay, lawyers)

Defendant: European Commission (represented by: 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 X. Chamodraka, acting as Agents)

Re:

By her action under Article 270 TFEU, the applicant seeks, in essence, principally, (i) to have set aside the decision of the European Commission of 11 March 2022 rejecting her complaint which sought annulment of the opinion of 21 April 2020 determining her rights to a retirement pension, and (ii) to have her file referred to the authority empowered to conclude contracts of employment in order to determine the amount to be returned to her, and in the alternative, to have the Commission be ordered to pay the sum of EUR 30 439,50, in respect of unjust enrichment, and, in the further alternative, to request the Commission to clarify its calculation method and to apply it in the present case.

Operative part of the order

1.The action is dismissed.

2.Ms. Despina Oxyzoglou shall bear her own costs and pay those incurred by the European Commission.

3.The European Parliament and the Council of the European Union shall each bear their own costs.

(<span class="oj-super">1</span>) OJ C 284, 25.7.2022.