ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

(Third Chamber)

15 June 2016

Case F‑39/15

Gabrio Marinozzi

v

European Commission

(Civil service — Members of the contract staff — Pensions — Transfer of national pension rights — Proposals concerning additional pensionable years — Act not having an adverse effect — Inadmissibility of the action — Application for a decision not going to the substance of the case — Article 83 of the Rules of Procedure)

Application:      under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, in which Mr Gabrio Marinozzi sought annulment of the ‘decision of 15 October 2014 fixing the calculation of the amount credited[, under the EU pension scheme,] in respect of his pension rights acquired before his entry into service’, under another scheme, and also, to the extent necessary, of the decision of the appointing authority of the European Commission of 29 January 2015 rejecting his complaint against the ‘decision’ fixing that amount.

Held:      The action is dismissed. Mr Gabrio Marinozzi is to bear his own costs and is ordered to pay those incurred by the European Commission.

Summary

Actions brought by officials — Act adversely affecting an official — Concept — Proposal concerning additional pensionable years with a view to a transfer to the EU pension scheme of pension rights acquired before entry into the service of the EU — Not included

(Staff Regulations, Art. 91(1) and Annex VIII, Art. 11(2))

A proposal concerning additional pensionable years, notified to an official with a view to a transfer to the EU pension scheme of pension rights acquired under another scheme, does not produce binding legal effects which directly and immediately affect the legal situation of the person to whom it is addressed, by significantly altering that situation. Therefore, it does not constitute an act having adverse effect for the purposes of Article 91(1) of the Staff Regulations.

(see para. 16)

See:

Judgments of 13 October 2015 in Commission v Verile and Gjergji, T‑104/14 P, EU:T:2015:776, para. 62, and Teughels v Commission, T‑131/14 P, EU:T:2015:778, para. 58