KY v Court of Justice of the European Union (Judgment) French Text [2021] EUECJ T-433/20 (01 December 2021)

KY v Court of Justice of the European Union (Judgment) French Text [2021] EUECJ T-433/20 (01 December 2021)

The applicant's transferred pension rights were fully bonified and taken into account in the calculation of her pension. There was no enrichment without legal basis by the Union, as the system operated according to the applicable legal provisions. The minimum subsistence rule did not apply, as the applicant's...

Source-derived case information.

Citation
[2021] EUECJ T-433/20
Parties
Applicant: KY; Respondent: Court of Justice of the European Union
Jurisdiction
European Union
Procedural Posture
Public Service Pension Dispute / Judgment at First Instance (general Court, First Chamber)
Outcome
claim dismissed
Legal Topics
Pensions, Transfer of Pension Rights, Enrichment Without Cause, Minimum Subsistence Rule, Annulment Proceedings
European Union Law Public Service Law Pensions Transfer of Pension Rights Enrichment Without Cause Minimum Subsistence Rule Annulment Proceedings

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Parties

KY

Applicant

Court of Justice of the European Union

Respondent

Procedural Posture

Public Service Pension Dispute / Judgment at First Instance (general Court, First Chamber)

  1. 1 Whether the refusal to restitute the non-bonified part of transferred pension rights constitutes unjust enrichment by the Union
  2. 2 Whether all transferred pension rights were properly taken into account in the calculation of the applicant's pension

Ratio Decidendi

The applicant's transferred pension rights were fully bonified and taken into account in the calculation of her pension. There was no enrichment without legal basis by the Union, as the system operated according to the applicable legal provisions. The minimum subsistence rule did not apply, as the applicant's pension exceeded the minimum. Therefore, the claim for restitution based on unjust enrichment was unfounded.

Court Disposition

claim dismissed

Orders

  • The application is rejected.
  • KY is ordered to pay the costs.