Judgment No. 2527
The complaint is dismissed.
"As it has ruled on several occasions (see, for instance, Judgment 1456), the Tribunal may not order an organisation to seek an agreement with any State or institution."
ILOAT Judgment(s): 1456
claim; receivability of the complaint; competence of tribunal; case law; member state
"Article 12(1) of the Pension Regulations allowed the transfer of pension rights acquired by employees under a pension scheme prior to joining the Office only 'provided that that scheme allow[ed] such transfers to be made'. In the present case, it appears from the submissions that the INPS has not yet accepted the transfer to the EPO of pension rights acquired by employees who, like the complainant, were affiliated to the Italian state pension scheme. However regrettable it may be that employees of the Office in the position of the complainant are left at a disadvantage, the Office cannot be blamed for not amending the provisions of Article 12 at the risk of having to bear the costs of the transfer: the consent of the Italian authorities is clearly necessary before any such transfer can take place.
Nevertheless, the Organisation must not have shown negligence or ill will in submitting the problem raised by the complainant to the Italian authorities. It emerges from the submissions, however, that the Italian authorities were approached unsuccessfully in 1992 and 1998 and [again in] 2004 [...]. The Organisation cannot therefore be accused of having 'blocked' the situation and the complainant is not justified in deeming its conduct to be unlawful."
Organization rules reference: Article 12(1) of the Pension Regulations
equal treatment; member state; negligence; organisation's duties; staff regulations and rules; amendment to the rules; pension; pension entitlements; transfer of pension rights