Appeal brought on 26 March 2007 by the Kingdom of Belgium against the judgment of the Civil Service Tribunal delivered on 16 March 2007 in Case F-92/05, Genette v Commission

(Case T-90/07 P)

Language of the case: French

Parties

Appellant: Kingdom of Belgium (represented by L. Van den Broeck, Agent)

Other parties to the proceedings: Emmanuel Genette

Commission of the European Communities

Form of order sought by the appellant

annul the judgment of the Civil Service Tribunal of 16 January 2007 in Case F-92/05

Pleas in law and main arguments

By judgment of 16 January 2007 in Case F-92/05 Genette v Commission, the Civil Service Tribunal upheld the action brought by Mr Genette concerning the annulment of the decision of the Commission of 25 January 2005 refusing, first, to authorise him to withdraw his application for the transfer of his pension rights acquired under Belgian pension schemes, brought in 2001 and, second, to authorise him to ask for a new transfer.

In support of its appeal, the Kingdom of Belgium, as intervener at first instance in support of the forms of order sought by the Commission, asserts at the outset that the Civil Service Tribunal does not have jurisdiction to assess the admissibility under Belgian law of a application to withdraw an application for the transfer to the Community system of pension rights acquired in Belgian pension schemes. According to the appellant, the Civil Service Tribunal acted ultra vires in ruling on the significance of provisions of Belgian national law which may be applicable in the present case.

Secondly, the Kingdom of Belgium asserts that the Civil Service Tribunal breached Community law, and in particular the provisions of the Staff Regulations, in its assessment of the admissibility of the introduction of a new transfer application.

Moreover, the Kingdom of Belgium asserts that the Civil Service Tribunal breached Community law by its erroneous assessment of the existence of a new fact which, according to the Kingdom of Belgium, should not be assessed in relation to the entry into force of the reform of the Staff Regulations, but in the light of the provisions of Belgian law.

Finally, the Kingdom of Belgium relies on a plea in law alleging breach of the principle of legal certainty.

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