Action brought on 18 June 2007 - Bauch v Commission

(Case F-61/07)

Language of the case: German

Parties

Applicant: Gerhard Bauch (Berlin, Germany) (represented by: W. Uhlmann, lawyer)

Defendant: Commission of the European Communities

Form of order sought

Direct the defendant to amend its certificate of 12 March 2003 or, alternatively, to issue further confirmation to the applicant to the effect that the amount repaid to the applicant does not amount to a severance grant by way of compensation for retirement pension rights or, therefore, to a retirement pension or the equivalent of a retirement pension;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant was employed by the Commission of the European Communities as a member of the temporary staff. He was granted unpaid leave for that period of employment from his post as an official of the then Federal Ministry of Economics. The Ministry reduced the applicant's retirement pension because of the cumulation of pension benefits and a pension from international and supranational employment, as the Commission of the European Communities had issued the applicant with a certificate concerning the payment of a severance grant in compensation for pension rights.

The applicant complains that the Commission's certificate is defective inasmuch as members of the temporary staff cannot acquire pension rights owing to the short period of service (Articles 77 to 84 of the Staff Regulations), and the applicant was thus merely refunded the pension fund contributions that had been deducted.

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