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Document C2005/045/16

Judgment of the Court (Second Chamber) of 16 December 2004 in Case C-293/03 (reference for a preliminary ruling from the Tribunal du travail de Bruxelles): Gregorio My v Office national des pensions (ONP) (Community officials — Transfer of pension rights — Article 11 of Annex VIII to the Staff Regulations — Early retirement pension — Reckoning of periods of employment with the European Community — Article 10 EC)

JO C 45, 19.2.2005, p. 8–8 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

19.2.2005   

EN

Official Journal of the European Union

C 45/8


JUDGMENT OF THE COURT

(Second Chamber)

of 16 December 2004

in Case C-293/03 (reference for a preliminary ruling from the Tribunal du travail de Bruxelles): Gregorio My v Office national des pensions (ONP)  (1)

(Community officials - Transfer of pension rights - Article 11 of Annex VIII to the Staff Regulations - Early retirement pension - Reckoning of periods of employment with the European Community - Article 10 EC)

(2005/C 45/16)

Language of the case: French

In Case C-293/03: REFERENCE for a preliminary ruling under Article 234 EC from the Tribunal du travail de Bruxelles (Belgium), made by decision of 20 May 2003, received at the Court on 4 July 2003, in the proceedings between Gregorio My and Office national des pensions (ONP) – the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann, R. Schintgen (Rapporteur), G. Arestis and J. Klučka, Judges; A. Tizzano, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, has given a judgment on 16 December 2004, in which it has ruled:

Article 10 EC, in conjunction with the Staff Regulations of Officials of the European Communities, must be interpreted as meaning that national legislation which does not permit years of employment completed by a Community citizen in the service of a Community institution to be taken into account for the purposes of entitlement to an early retirement pension under the national scheme is contrary to those provisions.


(1)   OJ C 251 of 8.10.2003.


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