Judgment_paragraph 34 · DQ v Ministre de la Transition écologique et solidaire and Ministre de l'Action et des Comptes publics (C-903/19)

34Furthermore, the Court has previously held, with regard to Article 11(2) of Annex VIII to the Staff Regulations, that, by refusing to adopt the measures necessary for the transfer to the EU pension scheme of the actuarial equivalent or the flat-rate redemption value of retirement pension rights acquired under the national pension scheme, as provided for in that article, a Member State makes the recruitment by the European Union of national officials with a certain length of service more difficult, since movement from the national administration to that of the European Union would entail the loss of pension rights to which they would be entitled if they had not accepted employment with the European Union (see, to that effect, judgments of 16 December 2004, My, C‑293/03, EU:C:2004:821, paragraph 45, and of 4 February 2015, Melchior, C‑647/13, EU:C:2015:54, paragraph 26).