Action brought on 18 March 2023 — VK v Commission

(Case T-148/23)

(2023/C 179/87)

Language of the case: Italian

Parties

Applicant: VK (represented by: M. Velardo, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—

annul the following decisions:

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decision of 12 May 2022 rejecting the request to transfer contributions under Article 11(2) and (3) of Annex VIII of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union, issued by the Office for the Administration and Payment of Individual Entitlements PMO/2 Pensions (Ref: PMO 2, TFT IN, 3426594500), and

—	decision of the appointing authority of 9 December 2022 rejecting the complaint (No. R/373/22) lodged under Article 90(2) of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union against the decision of 12 May 2022.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

First plea, alleging infringement of the law, in so far as the general implementing provisions of the first paragraph of Article 77 of the Staff Regulations do not comply with the limits established in that article. The applicant raises a plea of illegality under Article 277 TFEU of those implementing provisions as contrary to superior legislation.

2.	Second plea, alleging error of law in the interpretation of the concept of force majeure and of financial rules, in so far as the concept of force majeure is not a legal maxim, but rather an external factor precluding application of specific rules relating to whether a right is time-barred.