This document is an excerpt from the EUR-Lex website
Document 62014FO0138
Order of the Civil Service Tribunal (Second Chamber) of 20 July 2016.
Rosalba Polizzi v European Commission.
Civil service — Officials — Pensions — Transfer of national pension rights — Proposal concerning additional pensionable years — Act not having an adverse effect — Application inadmissible — Application for a decision not going to the substance of the case — Article 83 of the Rules of Procedure.
Case F-138/14.
Order of the Civil Service Tribunal (Second Chamber) of 20 July 2016.
Rosalba Polizzi v European Commission.
Civil service — Officials — Pensions — Transfer of national pension rights — Proposal concerning additional pensionable years — Act not having an adverse effect — Application inadmissible — Application for a decision not going to the substance of the case — Article 83 of the Rules of Procedure.
Case F-138/14.
Court reports – Reports of Staff Cases
ORDER OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL
(Second Chamber)
20 July 2016
Rosalba Polizzi
v
European Commission
‛Civil service — Officials — Pensions — Transfer of national pension rights — Proposal concerning additional pensionable years — Act not having an adverse effect — Application inadmissible — Application for a decision not going to the substance of the case — Article 83 of the Rules of Procedure’
Application:
under Article 270 TFEU, applicable to the EAEC Treaty pursuant to Article 106a thereof, by which Ms Rosalba Polizzi seeks, principally, annulment of the European Commission’s proposal of 17 February 2014, determining, at her request, the number of pensionable years to be credited under the European Union pension scheme as a result of the transfer of pension rights which she had acquired under a national scheme before entering the Commission’s service.
Held:
The action is dismissed as inadmissible. Ms Rosalba Polizzi shall bear her own costs and is ordered to pay the costs incurred by the European Commission.
Summary
Actions brought by officials — Acts adversely affecting an official — Meaning — Proposal concerning additional pensionable years with a view to a transfer to the EU pension scheme of pension rights acquired before entry into the service of the EU — Not included
(Staff Regulations, Art . 91(1), and Annex VIII, Art. 11(2))
A proposal concerning additional pensionable years, sent to an official with a view to a transfer to the EU pension scheme of pension rights acquired under another scheme, does not produce binding legal effects directly and immediately affecting the legal situation of the person concerned by bringing about a distinct change in that situation. Accordingly, it does not constitute an act having adverse effect, within the meaning of Article 91(1) of the Staff Regulations.
(see para. 16)
See:
Judgments of 13 October 2015 in Commission v Verile and Gjergji, T‑104/14 P, EU:T:2015:776, para. 73; Commission v Cocchi and Falcione, T‑103/13 P, EU:T:2015:777, para. 65, and Teughels v Commission, T‑131/14 P, EU:T:2015:778, para. 69