We present in this newsletter a recent, important judgment of the Court of Justice (ECJ) on pension rights of contract staff and on effective judicial protection. The benefits of the transitional regime for staff other than officials who had already contracts before 2004 or 2014 also apply to the many colleagues who cannot show to have worked in “functional continuity” (due to various functions on the basis of various contracts), but who have nevertheless contributed continuously to the pension scheme, says the ECJ.
In the specific case, the applicant asked about the implications of the 2014 reform on his pension rights. The ECJ decided that the administration’s reply on this was binding and thus challengeable at the court. The ECJ found that the applicant had continued to contribute to the pension scheme and hence is entitled to the benefits of the (more favorable) transitional scheme.
