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CJEU - C 408/14 / Opinion

Aliny Wojciechowski v Office national des pensions (ONP)

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
11/06/2015

Key facts of the case:

Request for a preliminary ruling from the Tribunal du travail de Bruxelles (Belgium).

1. This request for a preliminary ruling concerns the interpretation of the principle of sincere cooperation between the European Union and the Member States and of Article 34(1) of the Charter of Fundamental Rights of the European Union (‘the Charter’). The request has been made in the context of proceedings between Ms Wojciechowski, a former EU official, and the Office national des pensions (the Belgian National Pensions Office; ‘the ONP’) in relation to the ONP’s refusal to pay Ms Wojciechowski a retirement pension.

Results (sanctions) and key consequences of the case:

68. In the light of all the foregoing considerations, I suggest that the following answer be given to the question referred by Tribunal du travail de Bruxelles for a preliminary ruling:

Article 4(3) TEU, read in conjunction with the Staff Regulations of Officials of the European Union, established by Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission, as amended by Regulation (EU, Euratom) No 1080/2010 of the European Parliament and of the Council of 24 November 2010, precludes legislation of a Member State, such as that at issue in the main proceedings, which provides for the retirement pension payable to an employed person by virtue of the contributions made pursuant to the legislation of that Member State to be reduced, or even eliminated, when the total number of years of the occupational record acquired by him in that Member State and as an EU official posted in that State exceeds the ‘occupational record unit’, in so far as, owing to the method used to calculate the fraction representing the size of the pension payable by the European Union, that reduction is greater than it would have been had he acquired the whole of his occupational record as an employed person in the Member State in question.