26In so deciding, the Court did not rely on a specific provision of the Staff Regulations but held in paragraphs 45 to 48 of the judgment in My (EU:C:2004:821), referring to the judgment in Commission v Belgium (EU:C:1981:237), that, like the refusal to adopt the measures necessary for the transfer to the Community pension scheme of sums due to be repaid in respect of or the actuarial equivalent of retirement pension rights acquired under the national pension scheme, as provided for by Article 11(2) of Annex VIII to the Staff Regulations, such legislation could impede the recruitment by the EU institutions of national officials with a certain length of service. The Court pointed out that such legislation was liable to discourage employment within such an institution, inasmuch as, by accepting employment with one of them, a worker who was formerly a member of a national pension scheme risked losing the right to benefit under that scheme from an old-age pension to which he would have been entitled had he not accepted that employment. It held that such consequences could not be accepted in the light of the duty of genuine cooperation and assistance which Member States owe the European Union and which finds expression in the obligation laid down in Article 10 EC to facilitate the achievement of its tasks.
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