Language of document : ECLI:EU:F:2016:194


(First Chamber)

2 August 2016

Case F‑134/11

Giorgio Cocchi

Nicola Falcione


European Commission

(Civil service — Duty to provide assistance — Article 24 of the Staff Regulations — Rejection of the request for assistance — Pensions — Article 11(2) of Annex VIII to the Staff Regulations — Application for transfer of pension rights — Withdrawal of the application for transfer of pension rights during the proceedings — No need to adjudicate on the rejection of the request for assistance)

Application:      under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, in which Mr Giorgio Cocchi and Mr Nicola Falcione seek, first, annulment of the decisions of 9 March 2011 by which the European Commission rejected their requests for assistance, submitted in connection with their applications for transfer to the EU pension scheme of the pension rights they had acquired under the Italian pension scheme, and, second, an order that the Commission pay them damages.

Held:      There is no need to adjudicate in Case F‑134/11 Cocchi and Falcione v Commission. Mr Giorgio Cocchi, Mr Nicola Falcione and the European Commission are each to bear their own costs.


Actions brought by officials — Interest in bringing proceedings — Assessment at the time when the action was lodged — Subsequent disappearance of the interest in bringing proceedings — No need to adjudicate

(Staff Regulations, Arts 90 and 91)

For an official to be able to take further steps in an action for annulment of a decision, he must retain a personal interest in having the contested decision annulled even after the action is brought, it being assumed with such an interest that the action, if successful, is capable of procuring him an advantage.

Where an official has withdrawn his application for transfer of pension rights acquired prior to entering the service of the EU with the agreement of the institution concerned, any judgment annulling the decision rejecting his request for assistance made in connection with his application for transfer of pension rights would not bring him any administrative advantage, regardless of whether a request for assistance made by an official in order to defend himself against the actions of his own institution is legally admissible.

In that regard, in the absence of a present interest in continuing the proceedings, there is no longer any need to adjudicate on the action.

(see paras 33, 34)


Order of 2 December 2013, Pachtitis v Commission, F‑49/12, EU:F:2013:197, para. 28 and the case-law cited therein