Judgment No. 360
THE COMPLAINT IS DISMISSED.
The purpose of the claims for relief and the claims submitted in the internal appeal are the same. "[T]he sets of claims differ only in respect of the arguments put forward in their favour. The principle whereby the claims submitted to the Tribunal and the claims in the internal appeal must be the same applies only to the substance. In the present case the principle has been respected."
complaint; claim; new claim; receivability of the complaint; internal appeal; purpose; same
The application, by analogy, of the rules in force in the bodies of the European Communities "would be warranted only if the [...] rules [of the organisation] overlooked the point in dispute, in other words if they failed to contain a provision which had apparently been left out by omission."
exception; applicable law; law of european communities; rule of another organisation; enforcement; no provision; analogy; transfer of pension rights
"The complainant alleges that he received a promise from the Director of personnel [...] at the time of his appointment. There is no need to question that official, who has now retired, to establish that no such promise was made." It appears from the complainant's correspondence that he "merely discussed the question of acquisition of pension rights in the hope that the competent bodies would take a decision in his favour. No trace is to be found of any real promise. Had the complainant been given one, he would presumably have produced it."
evidence; lack of evidence; terms of appointment; promise; pension; pension entitlements; transfer of pension rights