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Case C-202/20 P: Judgment of the Court (Eighth Chamber) of 12 May 2021 — Claudio Necci v European Commission, European Parliament, Council of the European Union (Appeal — Civil service — Former member of the contract staff — Social security — Joint Sickness Insurance Scheme (JSIS) — Article 95 of the Conditions of Employment of Other Servants of the European Union (CEOS) — Continued membership after retirement — Condition of having been employed for more than three years — Request to join the JSIS following a transfer of pension rights — Equating the credited years of pensionable service with years of service — Rejection of the request — Action for annulment — Act having an adverse effect — Order of the General Court declaring the action inadmissible — Order set aside)

ECLI:EU:UNKNOWN:62020CA0202

62020CA0202

May 12, 2021
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Official Journal of the European Union

C 278/22

(Case C-202/20 P) (<span class="oj-super oj-note-tag">1</span>)

(Appeal - Civil service - Former member of the contract staff - Social security - Joint Sickness Insurance Scheme (JSIS) - Article 95 of the Conditions of Employment of Other Servants of the European Union (CEOS) - Continued membership after retirement - Condition of having been employed for more than three years - Request to join the JSIS following a transfer of pension rights - Equating the credited years of pensionable service with years of service - Rejection of the request - Action for annulment - Act having an adverse effect - Order of the General Court declaring the action inadmissible - Order set aside)

(2021/C 278/30)

Language of the case: French

Parties

Appellant: Claudio Necci (represented initially by S. Orlandi and T. Martin, avocats, and subsequently by S. Orlandi, avocat)

Other parties to the proceedings: European Commission (represented by: B. Mongin and T.S. Bohr, acting as Agents), European Parliament (represented by: J. Van Pottelberge and I. Terwinghe, acting as Agents), Council of the European Union (represented by: M. Bauer and M. Alver, acting as Agents)

Operative part of the judgment

The Court:

1.Sets aside the order of the General Court of the European Union of 25 March 2020, Necci v Commission (T-129/19, not published, EU:T:2020:131);

2.Refers the case back to the General Court of the European Union;

3.Reserves the costs.

* Language of the case: English.

(1) OJ C 304, 14.9.2020.

ECLI:EU:C:2021:140

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