Judgment of the General Court of 13 October 2015 — Commission v Cocchi and Falcione
(Case T-103/13 P) 1
(Appeal — Cross-appeal — Civil service — Officials — Pensions — Transfer of national pension rights — Proposal to add years of pensionable service — Act not having an adverse effect — Inadmissibility of the action at first instance — Article 11(2) of Annex VIII to the Staff Regulations)
Language of the case: French
Parties
Appellant: European Commission (represented by: G. Gattinara and D. Martin, agents)
Other party to the proceedings: Giorgio Cocchi (Wezembeek-Oppem, Belgium) and Nicola Falcione (Brussels, Belgium) (represented initially by S. Orlandi, J. N. Louis and D. de Abreu Caldas, subsequently by: S. Orlandi, lawyers)
Re:
Appeal brought against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 11 December 2012 in Cocchi and Falcione v Commission (F-122/10), ECR-SC, EU:F:2012:180) seeking to have that judgment set aside.
Operative part of the judgment
The Court:
Sets aside the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 11 December 2012 in Cocchi and Falcione v Commission (F-122/10) in so far as it declares admissible and well-founded the action for annulment of the acts (referred to in that judgment as ‘decisions’) of 12 and 23 February 2010, issued by the European Commission to Mr Nicola Falcione and M. Giorgio Cocchi respectively, as those acts withdrew the proposals made to Mr Cocchi and Mr Falcione, stating the result in additional years of pensionable service that a potential transfer of their pension rights would generate.
Dismisses the cross-appeal.
Dismisses the action brought by Messrs Cocchi and Falcione before the Civil Service Tribunal in Case F-122/10 in so far as it seeks annulment of the acts of 12 and 23 February 2010, issued by the European Commission to Mr Nicola Falcione and M. Giorgio Cocchi respectively, as those acts withdrew the proposals made to Mr Cocchi and Mr Falcione, stating the result in additional years of pensionable service that a potential transfer of their pension rights would generate.
Orders Messrs Cocchi and Falcione to bear their own costs in the present instance and to pay those incurred by the Commission associated with the cross-appeal. The Commission shall bear its own costs associated with the appeal.
Orders Messrs Cocchi and Falcione and the Commission to bear their own costs associated with the proceedings at first instance.
____________1 OJ C 129, 4.5.2013.