Language of document :

Judgment of the Civil Service Tribunal (First Chamber) of 16 January 2007 - Genette v Commission

(Case F-92/05) 1

(Officials - Pensions - Pension rights acquired before entry into the service of the Communities - Transfer to Community scheme - Withdrawal of the application to transfer in order to rely on new more favourable provisions)

Language of the case: French

Parties

Applicant: Emmanuel Genette (Gorze, France) (represented by: M.-A Lucas, lawyer)

Defendant: Commission of the European Communities (represented by: V. Joris and D. Martin, Agents)

Intervener in support of the defendant: Kingdom of Belgium (represented by: L. Van den Broeck, Agent)

Re:

Annulment of the Commission decision refusing to withdraw the applicant's application relating to the transfer of his pension rights acquired in Belgium in order to bring a fresh claim on the basis of new and more favourable provisions.

Operative part of the judgment

The Tribunal:

Annuls the decision of the Commission of the European Communities of 25 January 2005.

Orders the Commission of the European Communities to bears its own costs and to pay the costs of Mr Genette.

Orders the Kingdom of Belgium to bear its own costs.

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1 - OJ C 315 of 10.12.2005, p. 14 (case originally registered at the Court of First Instance under number T-361/05 and transferred to the Civil Service Tribunal of the European Union by order of 15.12.2005).