ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

(First Chamber)

2 August 2016

Case F‑146/12

Anne Mommer

v

European Commission

(Civil service — Officials — Pensions — Transfer to the EU pension scheme of pension rights acquired under other schemes — Proposal concerning additional pensionable years — Act not having an adverse effect — Action manifestly inadmissible)

Application:      under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, in which Ms Anne Mommer seeks, principally, annulment of the decision of the European Commission of 16 February 2012 by which it definitively fixed, at her request, the number of pensionable years credited to the EU pension scheme resulting from the transfer of pension rights which she had acquired under other pension schemes prior to entering the service of the EU.

Held:      The action is dismissed as manifestly inadmissible. Each party is to bear its own costs.

Summary

Actions brought by officials — Act adversely affecting an official — Definition — 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))

A proposal concerning additional pensionable years, communicated to an official at his request with a view to the transfer to the EU pension scheme of pension rights acquired under another system, 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. It therefore does not constitute an act adversely affecting him for the purposes of Article 91(1) of the Staff Regulations.

(see para. 18)

See:

Judgments of 13 October 2015, Commission v Verile and Gjergji, T‑104/14 P, EU:T:2015:776, para. 73; Commission v Cocchi and Falcione, T‑103/13 P, EU:T:2015:777, para. 65; and Teughels v Commission, T‑131/14 P, EU:T:2015:778, para. 69