Keywords
Summary

Keywords

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Officials - Pensions - Pension rights acquired before entering the service of the Communities - Transfer to the Community scheme - Scope ratione personae - Self-employed persons - Excluded - Equal treatment - Absence

( Staff Regulations of Officials, Annex VIII, Art . 11(2 ) )

Summary

The scope of Article 11(2 ) of Annex VIII to the Staff Regulations, which permits Community officials to transfer to the Community pension scheme pension rights acquired under a national pension scheme, is limited to former employees and does not extend to activities characterized by economic and personal independence .

Consequently, a person pursuing an activity as a self-employed person, such as an avocat, who gives up that activity in order to become an official of the Communities is not entitled, as Community law now stands, to claim the benefit of Article 11(2 ) of Annex VIII to the Staff Regulations .

That provision is, however, invalid in so far as it provides for such a difference in treatment between officials who acquired pension rights under a national scheme as employed persons and officials who acquired such rights as self-employed persons .