Subject: Transfer of pension rights acquired under Belgian schemes – additional information

Following amendments made by the Law of 10 February 2003 to Belgian legislation concerning the transfer of pension rights acquired under Belgian schemes to the Community scheme, the Commission has dealt with numerous applications, complaints and requests for assistance submitted by officials or temporary staff. By decision of 10 June 2005, sent by e mail on 14 June 2005, the Appointing Authority replied to all the applications, complaints and requests for assistance.

This problem has already been examined in a number of administrative notices published on 19 July 2005 (No 58 2005), 2 September 2005 (No 65 2005) and 3 March 2006 (No 14-2006).

On 31 May 2006 the European Union Civil Service Tribunal handed down the first order on this matter in Case F 91/05 (Jacques Frankin and 482 other Commission officials or temporary staff), which was designed to overturn the Commission’s implicit refusal to assist applicants pursuant to Article 24 of the Staff Regulations and to provide compensation for damage suffered as a result of this refusal.

The Tribunal did not rule on the merits of the case in its order but stated that the appeal was inadmissible on procedural grounds: the applicants had not sent a request for assistance to the Commission. Accordingly, it confirmed that the Commission was not required to grant assistance on its own initiative without having received a request to that effect from the interested parties.

Another case (F-3/06) concerning the explicit decision of 10 June 2005 whereby the Commission refused to provide assistance to applicants pursuant to Article 24 of the Staff Regulations is still pending before the Civil Service Tribunal.

As regards follow up to that case, the undertaking indicated in administrative notice No 65 2005 remains valid. To avoid a proliferation of pre litigation and litigation procedures, in the event of the forthcoming judgment endorsing the applicant’s arguments, the Appointing Authority undertakes to examine, in the light of this case law, applications from officials who can demonstrate that the case law should be applied.

We will inform staff of any developments and, in particular, of the outcome of the current proceedings.