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

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), 3 March 2006 (No. 14-2006) and 8 August 2006 (40-2006).

Since the last administrative notice, the European Union Civil Service Tribunal (CST) has handed down two judgements in this matter, in case F-3/06 (Jacques Frankin and 482 other Commission officials or temporary staff v Commission) and in case F-92/05 (Emmanuel Genette v Commission).

The "Frankin" case concerned the Commission's implicit refusal to assist applicants pursuant to Article 24 of the Staff Regulation and the applicants' request for compensation for damage suffered as a result of this refusal.

The CST has confirmed that the Commission had acted correctly in refusing its assistance.

The "Genette" appeal contested the Commission's refusal to allow the applicant to withdraw his initial request to transfer his Belgian pension rights and to resubmit an application for transfer under the new Belgian legislation.

The CST has now annulled the Commission decision.

The administration is currently analysing the judgment and its consequences with regard to the applicant and others in a similar situation.

Once this analysis has been completed, staff will be informed of the outcome by means of a new administrative notice.