Notice for the OJ

 

Action brought on 25 February 2002 by Peter Finch against the Commission of the European Communities

    (Case T-55/02)

    Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 25 February 2002 by Peter Finch, residing in Luxembourg, represented by Jean-Noël Louis, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

(annul the Commission's decision concerning the crediting of years of pensionable service under the Staff Regulations to be taken into account pursuant to Article 11(2) of Annex VIII to the Staff Regulations in consequence of the transfer to the Community pension scheme of the pension rights acquired by the applicant prior to his entry into service;

(order the defendant to pay the costs.

Pleas in law and main arguments:

The applicant, an official of the defendant institution who, prior to his entry into service, had worked in France, Belgium and the Netherlands and acquired pension rights under various pension schemes in those countries, is contesting the calculation contained in the contested decision, which relates to the crediting of all of the transferred rights. More specifically, the applicant is contesting the fact that the appointing authority took the date of his establishment as the reference date and not the date of his entry into service.

In support of his claims, the applicant pleads:

(infringement of Article 11(2) of Annex VIII to the Staff Regulations;

(infringement of the general provisions for the implementation of Article 11(2) of Annex VIII to the Staff Regulations;

(infringement of the principles of equal treatment and non-discrimination.

____________