Refusal to provide information on pension entitlements

Dostupné jazyky: bg.es.cs.da.de.et.el.en.fr.ga.it.lv.lt.hu.mt.nl.pl.pt.ro.sk.sl.fi.sv
  • Případ: 1711/2010/BEH
    Otevřeno dne 3.9.2010 - Rozhodnutí ze dne 7.11.2011
  • Dotčená instituce (Dotčené instituce): Komise Evropských společenství
  • Oblast(i) práva: Obecné, finanční a institucionální otázky
  • Typy údajně nesprávného úředního postupu – i) porušení, nebo ii) porušení povinností týkajících se: Žádosti o informace [Článek 22 EKRSP]
  • Předmět(y): Vyřízení žádostí o informace a přístup k dokumentům (transparentnost)
Focus on "Europe"
Autor:
Autorská práva : Stocklib ©

Summary of decision on complaint 1711/2010/BEH against the European Commission

The complaint was submitted by a lawyer acting on behalf of Mr B, who was a member of the European Commission's temporary staff from 1989 to 1994. By paying contributions, Mr B had acquired entitlements to a pension from the EU pension scheme. Given that Mr B left the Commission before having served for a minimum of 10 years, he lost his right to receive a pension from the EU pension scheme but, upon termination of service, he received a severance grant. Considering that the grant consisted of different amounts, in March 2010 the complainant turned to the Commission and asked it to indicate the amount of pension entitlements acquired by Mr B while working with the Commission. In reply, the Commission referred the complainant to a judgment of the Civil Service Tribunal concerning Mr B and stated that no further information could be provided.

In his complaint to the Ombudsman, the complainant explained that Mr B needed further information from the Commission for the purpose of establishing the correct amount of the pension he was to receive in Germany. The complainant alleged that the Commission failed to provide the information requested, in particular as regards the amount of pension entitlements that could have been transferred to Mr B's employer if the rules currently in force had applied to his situation. He claimed that the Commission should provide the information requested.

In its opinion, the Commission submitted that it could not provide any further information. The Ombudsman thereupon asked the Commission to specify and substantiate its reasons for refusing to provide information regarding the amount of Mr B's pension entitlements or, in case there are no such reasons, to provide the information requested. In its reply, the Commission stated that it was up to the complainant to make the relevant calculation on his own, and explained the formula to be used for this purpose as well as all the amounts to be entered into that formula in Mr B's case. In his observations, the complainant thanked the Ombudsman for his vigorous efforts to resolve the matter.

The Ombudsman considered that the Commission had provided the information requested in the course of his inquiry. In view of the information provided, and bearing in mind the complainant's observations, the Ombudsman concluded that the Commission had settled the case to the complainant's satisfaction.