Barroso Truta and Others v Court of Justice of the European Union (Judgment) French Text [2016] EUECJ F-126/15 (20 July 2016)

Barroso Truta and Others v Court of Justice of the European Union (Judgment) French Text [2016] EUECJ F-126/15 (20 July 2016)

The applicants' claims are inadmissible because they failed to challenge the final decisions on the recognition of pensionable service within the statutory deadlines, and cannot circumvent these deadlines by bringing a compensation claim based on the same facts. The administration did not breach its duty of care, as...

Source-derived case information.

Citation
[2016] EUECJ F-126/15
Parties
Applicant: José Barroso Truta; Applicant: Marc Forli; Applicant: Calogero Galante; Applicant: Bernard Gradel; Respondent: Court of Justice of the European Union
Jurisdiction
European Union
Procedural Posture
Public Service Employment Dispute / Final Judgment
Outcome
Claim rejected as inadmissible and unfounded
Legal Topics
Pension Rights Transfer, Public Service Pensions, Procedural Admissibility, Responsibility of EU Institutions, Precontentious Procedure, Minimum Pension Guarantee
European Union Law Employment Law Administrative Law Pension Rights Transfer Public Service Pensions Procedural Admissibility Responsibility of EU Institutions Precontentious Procedure +1 more

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Parties

José Barroso Truta

Applicant

Marc Forli

Applicant

Calogero Galante

Applicant

Bernard Gradel

Applicant

Court of Justice of the European Union

Respondent

Procedural Posture

Public Service Employment Dispute / Final Judgment

  1. 1 Whether the applicants' claims for compensation for loss of national pension rights due to transfer to the EU pension scheme are admissible
  2. 2 Whether the administration failed in its duty to inform applicants about the minimum pension guarantee and the consequences of transfer
  3. 3 Whether the applicants' acceptance of transfer was vitiated by lack of information

Ratio Decidendi

The applicants' claims are inadmissible because they failed to challenge the final decisions on the recognition of pensionable service within the statutory deadlines, and cannot circumvent these deadlines by bringing a compensation claim based on the same facts. The administration did not breach its duty of care, as it invited the applicants to seek further information, and the applicants did not avail themselves of this opportunity. There was no actionable fault or certain, present damage established.

Court Disposition

Claim rejected as inadmissible and unfounded

Orders

  • The claim is rejected.
  • The Court of Justice of the European Union shall bear its own costs and is ordered to pay the applicants' costs.