Judgment of the General Court of 1 December 2021 – KY v Court of Justice of the European Union

(Case T-433/20) ¹

(Civil service – Officials – Pensions – Pension rights acquired before entry into the service of the EU – Transfer to the EU scheme – Crediting of additional pensionable years – Restitution of the amount of pension rights not taken into account in the EU’s pension annuity scheme – Article 11(2) of Annex VIII to the Staff Regulations – The ‘minimum subsistence figure’ rule – Unjust enrichment)

Language of the case: French

Parties

Applicant: KY (represented by: J.-N. Louis, lawyer)

Defendant: Court of Justice of the European Union (represented by: J. Inghelram and A. Ysebaert, acting as Agents)

Re:

Application under Article 270 TFEU for annulment of the implied decision, confirmed by the express decision of 10 October 2019, rejecting the request for restitution of the non-subsidised part of the pension rights acquired by the applicant before she took up her duties and transferred to the pension scheme of the institutions of the European Union.

Operative part of the judgment

The Court:

Dismisses the action;

Orders KY to pay the costs.

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¹ OJ C 279, 24.8.2020.