Case T‑728/16

Sabine Tuerck

v

European Commission

(Civil service — Officials — Pensions — Transfer of national pension rights — Capital appreciation between the date of the application for a transfer and the actual date of the transfer)

Summary — Judgment of the General Court (First Chamber), 5 December 2017

1.      Officials — Pensions — Pension rights acquired before entry into the service of the EU — Transfer to the EU scheme — Additional years of pensionable service — Rules for calculation — Based on the amount of transferable capital — Capital appreciation between the date of the application for a transfer and the date of the actual transfer — Procedures

(Staff Regulations, Annex VIII, Art. 11(2))

2.      Officials — Pensions — Pension rights acquired before entry into the service of the EU — Transfer to the EU scheme — Procedures — Division of powers between the EU institutions and the national authorities

(Staff Regulations, Annex VIII, Art. 11(2))

1.      It follows from Article 7(1) of the general implementing provisions for Articles 11 and 12 of Annex VIII to the Staff Regulations adopted by the Commission that, as regards the transfer to the EU pension scheme of pension rights acquired by an official by way of a national or international pension scheme, decisions crediting pensionable years are based on the amount of transferable capital as at the date of registration of the application, as supplied to the appointing authority by the competent national or international authorities, after deduction, where applicable, of an amount representing capital appreciation between the date of the application for a transfer and the date of the actual transfer. It is also apparent from that wording that it is only where the competent national or international body is unable to supply the value of the pension rights as at the date of registration of the application that simple interest is deducted from the updated capital actually transferred. Thus, in a situation where the competent national or international authorities have supplied the appointing authority with the value of the pension rights as at the date of registration of the application, the appointing authority is not entitled to make any deduction from that amount and the calculation of years of pensionable service under the Staff Regulations must therefore be made on the basis of the full amount.

(see para. 23)

2.      As to the determination by the competent national or international authorities of the value of the pension rights acquired as at the date of registration of the application, that operation falls within the sole competence of the authority administering the pension scheme with which the interested person was insured before he entered into the service of the European Union, such an operation determining the capital value of pension rights acquired in the national scheme under the relevant legislation of the Member State concerned. Furthermore, it is also apparent from the case-law that Member States enjoy broad discretion in adopting their national legislation implementing Article 11(2) of Annex VIII to the Staff Regulations.

(see para. 24)