This document is an excerpt from the EUR-Lex website
Document 62016TO0916
Order of the General Court (Seventh Chamber) of 23 April 2018.
Bernd Winkler v European Commission.
Civil service — Officials — Transfer of national pension rights — Proposal concerning additional pensionable years — Measure not open to challenge — Act not having an adverse effect — Manifest inadmissibility.
Case T-916/16.
Order of the General Court (Seventh Chamber) of 23 April 2018.
Bernd Winkler v European Commission.
Civil service — Officials — Transfer of national pension rights — Proposal concerning additional pensionable years — Measure not open to challenge — Act not having an adverse effect — Manifest inadmissibility.
Case T-916/16.
Court reports – general – 'Information on unpublished decisions' section
Order of the General Court (Seventh Chamber) of 23 April 2018 –
Winkler v Commission
(Case T‑916/16)
(Civil service — Officials — Transfer of national pension rights — Proposal concerning additional pensionable years — Measure not open to challenge — Act not having an adverse effect — Manifest inadmissibility)
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Actions brought by officials—Action against a decision rejecting a complaint—Admissibility—Obligation to rule on pleas directed against the decision rejecting the complaint—Pleas devoid of independent content or purely confirmatory decision—None (Staff Regulations of Officials, Arts 90 and 91) (see paras 22, 23) |
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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 (Art. 270 TFEU; Staff Regulations of Officials, Arts 90(2) and 91(1) and Annex VIII, Art. 11(2)) (see para. 24) |
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Actions brought by officials—Subject-matter—Directions to the administration—Inadmissibility (Staff Regulations of Officials, Art. 91) (see para. 31) |
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Actions brought by officials—Compensation action brought without pre-litigation procedure in accordance with the Staff Regulations—Inadmissibility (Staff Regulations of Officials, Arts 90 and 91) (see paras 34-37) |
Re:
ACTION based on Article 270 TFEU and seeking, first, annulment of the Commission note of 20 April 2016 on a proposal concerning the additional pensionable years to be taken into consideration in the European Union pension scheme, following a request for transfer of pension rights acquired by the applicant before entering the service of the Union and, secondly, to obtain compensation for the damage allegedly suffered by the applicant as a result of the unlawful acts allegedly committed by the Commission when processing that request for transfer.
Operative part
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The action is dismissed. |
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Bernd Winkler is ordered to pay the costs. |