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Case T-110/22: Order of the General Court of 14 December 2022 — Kremer v Commission (Civil service — Members of the contract staff — Retirement pensions — Pension rights acquired before entry into the service of the European Union — Transfer to the EU scheme — Additional years of pensionable service — Action for annulment — Request for repayment of transferred capital which has not given rise to a bonus — Time limit for complaints — Undue enrichment — Manifest inadmissibility)

ECLI:EU:UNKNOWN:62022TB0110

62022TB0110

December 14, 2022
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Official Journal of the European Union

C 63/50

(Case T-110/22) (<span class="oj-super oj-note-tag">1</span>)

(Civil service - Members of the contract staff - Retirement pensions - Pension rights acquired before entry into the service of the European Union - Transfer to the EU scheme - Additional years of pensionable service - Action for annulment - Request for repayment of transferred capital which has not given rise to a bonus - Time limit for complaints - Undue enrichment - Manifest inadmissibility)

(2023/C 63/66)

Language of the case: French

Parties

Applicant: Christiane Kremer (Brussels, 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 her action under Article 270 TFEU the applicant seeks, in essence, principally, first, annulment of the decision of the European Commission of 24 February 2022 rejecting her complaint in so far as it concerns the annulment of the notification of 13 January 2017 on the determination of her retirement pension rights and, second, referral of her case to the authority empowered to conclude contracts of employment of the Commission to determine the amount to repay her and, in the alternative, an order requiring the Commission to pay a sum of EUR 55 401,07 on the ground of unjust enrichment.

Operative part of the order

1.The action is dismissed as being manifestly inadmissible.

2.Ms Christiane Kremer is ordered to bear her 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.

(<span class="oj-super">1</span>) OJ C 158, 11.4.2022.

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