Appeal brought on 19 February 2013 by European Commission against the judgment of the Civil Service Tribunal of 11 December 2012 in Case F-122/10, Cocchi and Falcione v Commission

(Case T-103/13 P)

Language of the case: French

Parties

Appellant: European Commission (represented by G. Gattinara and D. Martin, acting as Agents)

Other parties to the proceedings: Giorgio Cocchi (Wezembeek-Oppem, Belgium) and Nicola Falcione (Brussels, Belgium)

Form of order sought by the appellant

Set aside the judgment of the Civil Service Tribunal of 13 December 2012 in Case F-122/10 Cocchi and Falcione v Commission;

Dismiss the action brought by Messrs Cocchi and Falcione in Case F-122/10 as inadmissible or, in any event, as unfounded;

Rule that each party is to bear its own costs of the present instance;

Order Messrs Cocchi and Falcione to pay the costs of the action brought before the Civil Service Tribunal.

Pleas in law and main arguments

In support of the appeal, the appellant relies on two pleas in law.

1.    First plea in law, alleging distortion of the notion of 'act adversely affecting an official' in that the CST held that the action at first instance was admissible by classifying as an act adversely affecting an official the proposal made by the Commission to the persons concerned as regards the number of annuities to be credited in the transfer of their pension rights under Article 11(2) of Annex VIII to the Staff Regulations of Officials of the European Union.

2.    Second plea in law, alleging infringement of the principle of legitimate expectations, since the CST admitted the action, in part, while erring in law as to the interpretation of that principle. The Commission submits that the persons concerned could not claim any legitimate expectations as regards its proposals given that, firstly, those proposals also took account of the periods of service following the entry into service of the persons concerned and, secondly, those proposals did not refer to the amount actually transferred but to the amount transferable, contrary to the clear wording of Article 11(2) of Annex VIII to the Staff Regulations of Officials.

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