Action brought on 29 February 2024 – CR v Commission

(Case T-131/24)

Language of the case: French

Parties

Applicant: CR (represented by: S. Orlandi, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the decision of 4 May 2023 containing the notice fixing the applicant's pension rights;

order the European Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant puts forward one principal plea in law and a plea in the alternative.

Principally, the applicant alleges a failure to adhere to the scope of the provisions of the transitional regime contained in Articles 21, 22 and 28 of Annex XIII to the Staff Regulations of Officials of the European Union (ʻthe Staff Regulationsʼ).

In the light of the case-law on the scope of Articles 21, 22 and 28 of Annex XIII to the Staff Regulations and Article 1 of the Annex to the Conditions of Employment of Other Servants of the European Union intended to preserve the acquired rights and legitimate expectations of ʻstaff employedʼ at the time of the reform, Article 28 of Annex XIII to the Staff Regulations can only be interpreted as being intended to govern the situation of a succession of periods of affiliation to the pension scheme, as a member of the temporary or contract staff and then as an official, where there was a break in those periods of affiliation. However, the applicant did not ʻresume active employmentʼ when she was appointed as an official, but simply continued the same activities while remaining affiliated to the same pension scheme, common to temporary and contract staff and to officials.

In the alternative, the applicant raises an objection of illegality in respect of Article 28 of Annex XIII to the Staff Regulations.

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