ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL
(Third Chamber)

25 March 2015

Case F‑5/15

Claudio Necci

v

European Commission

(Civil service — Officials — Pensions — Transfer of pension rights acquired in a national pension scheme — Proposal concerning additional pensionable years — Complaint submitted out of time — Failure to follow the pre-litigation procedure — Manifest inadmissibility)

Application:      under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, in which Mr Necci seeks annulment of the proposal of 18 March 2014 by which the European Commission determined, at his request, the number of additional years of pensionable service credited under the European Union pension scheme resulting from the transfer of pension rights which he had acquired in the Italian pension scheme.

Held:      The action is dismissed as manifestly inadmissible. Mr Necci is to bear his own costs.

Summary

Actions brought by officials — Act adversely affecting an official — Definition — Proposal to transfer to the European Union scheme pension rights acquired before entering the service of the European Union — Included

(Staff Regulations, Arts 90 and 91)

As far as the transfer of pension rights from a national pension scheme to the European Union pension scheme is concerned, a proposal concerning additional pensionable years to be credited may not be regarded as a mere statement of intent by the institution’s departments, for the information of the official concerned, in the expectation of receiving his agreement. A proposal concerning additional pensionable years is actually an act adversely affecting the official in question.

(see para. 13)

See:

Judgments in Verile and Gjergji v Commission, F‑130/11, EU:F:2013:195, paras 38 to 44 and the case-law cited therein, on appeal before the General Court of the European Union, Case T‑104/14 P