Judgment of the Civil Service Tribunal (Third Chamber) of 5 February 2016 –Barnett and Mogensen v Commission

(Case F-56/15) (1)

((Civil service - Retired officials - Retirement pensions - Article 64 of the Staff Regulations - Weightings - Annual update of weightings - Article 65(2) of the Staff Regulations - Interim update - Articles 3, 4 and 8 of Annex XI to the Staff Regulations - Sensitivity threshold - Change in the cost of living - Article 65(4) of the Staff Regulations - Decision by the legislature not to update the weightings for 2013 and 2014 - Scope - Regulation No 1416/2013 - Over-estimation of the weighting for Denmark - Reduction of the weighting through the interim update mechanism - Misuse of powers))

(2016/C 106/58)

Language of the case: French

Parties

Applicants: Adrian Barnett (Roskilde, Denmark) and Sven-Ole Mogensen (Hellerup, Denmark) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented by: G. Gattinara and F. Simonetti, acting as Agents)

Re:

Application for annulment of the decisions to reduce the weighting applicable to the pensions of the applicants, who are resident in Denmark, as is apparent from their pension receipts for June 2014, and a claim for compensation for the non-material damage which they claim to have suffered as a result of the different and contradictory information used to support the contested decisions.

Operative part of the judgment

The Tribunal:

(1)  OJ C 213, 29.6.2015, p. 46.