ECJ 1. Officials – recovery of sum wrongly paid – recovery of a sum wrongly paid by a third party – non-applicability of article 85 of the staff regulations (staff regulations of officials, Art. 85)
2. Officials – pensions – recalculation – possibility – recovery of a sum paid by a third party by way of indemnity – exclusion (staff regulations of officials, annex viii, art. 41)
1. Article 85 of the staff regulations does not cover the recovery of a sum overpaid received from a third party; it covers only a sum overpaid by the communities.
2. The recalculation of a pension properly granted and determined as to its amount in accordance with the provisions of the staff regulations and annex viii thereto in order to recover a sum received from a third party, even if to the possible detriment of the communities, does not come within article 41 of that annex.
Citations:
C-63/79, [1980] EUECJ C-63/79
Links:
European
Updated: 21 May 2022; Ref: scu.132857
