Judgment of the Civil Service Tribunal (First Chamber) of 11 December 2012 – Cocchi and Falcione v Commission

(Case F-122/10) ¹

(Civil service – Officials – Pension – Transfer of pension rights acquired under a national pension – Withdrawal of a transfer proposal – Measure not having conferred subjective rights or other similar benefits)

Language of the case: French

Parties

Applicants: Giorgio Cocchi (Wezembeek-Oppem, Belgium) and Nicola Falcione (Brussels, Belgium) (represented by: S. Orlandi and J.-N. Louis, lawyers)

Defendant: European Commission (represented by: D. Martin and J. Baquero Cruz, acting as Agents)

Re:

Civil service – Annulment of the decision to withdraw a proposal relating to transfer of the applicants’ pension rights when already accepted by them

Operative part of the judgment

The Tribunal:

The European Commission’s decisions of 12 and 23 February 2010are annulled in so far as they withdraw the proposals put to Mr Cocchi and Mr Falcione indicating the result in additional pension annuities to be generated by a potential transfer of rights;

Dismisses the action as to the remainder;

Order the European Commission to bear its own costs and to pay one-third of those incurred by Mr Cocchi and Mr Falcione;

Orders Mr Cocchi and Mr Falcione to bear two-thirds of their costs.

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¹ OJ C 63, 26.2.11, p. 34.