# C_2004239EN.01001802.xml

| 25.9.2004 | EN | Official Journal of the European Union | C 239/18 |
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25.9.2004

EN

Official Journal of the European Union

C 239/18

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JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 July 2004

in Joined Cases T-180/02 and T-113/03: Georgios Gouvras v Commission of the European Communities (1)

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(Officials - Posting - Secondment in the interest of the service - Change with retrospective effect of the place of employment and of the financial entitlements relating to it - Recovery of undue payment - Installation allowance and daily subsistence allowance - Transfer of part of emoluments from the place of posting)

(2004/C 239/37)

Language of the case: French

In Joined Cases T-180/02 and T-113/03: Georgios Gouvras, an official of the Commission of the European Communities, residing at Bereldange (Luxembourg), represented by J.-N. Louis, É. Marchal and A. Coolen, lawyers, with an address for service in Luxembourg, against Commission of the European Communities (Agents: J. Curral and L. Lozano Palacios, with an address for service in Luxembourg) — application:

in Case T-180/02, for annulment of the Commission's decision to fix, with retrospective effect from 1 November 2000 during the period of his secondment in the interest of the service, the applicant's place of employment as Athens, to withdraw his right to the expatriation allowance and his right to reimbursement of annual travel expenses and to apply the weighting coefficient for Greece to his pay, as well as the decision to recover the undue payment, and,

in Case T-113/03, for annulment of the Commission's decision refusing the applicant the installation allowance and the daily subsistence allowance for the period of his secondment to Athens in the interest of the service and the payment of the installation allowance on his resettlement in Luxembourg, as well as the decision limiting to 35 % the part of his pay to be transferred to his place of employment in Luxembourg during the period of his secondment — the Court of First Instance (Third Chamber), composed of J. Azizi, President, M. Jaeger and F. Dehousse, Judges; I. Natsinas, Administrator, for the Registrar, has given a judgment on 15 July 2004, in which it:

| 1. | Annuls the Commission's decision of 30 April 2002 insofar as it refused the applicant the installation allowance on his secondment to Athens; |
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1.

Annuls the Commission's decision of 30 April 2002 insofar as it refused the applicant the installation allowance on his secondment to Athens;

| 2. | Dismisses the other claims for annulment in Cases T-180/02 and T-113/03; |
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2.

Dismisses the other claims for annulment in Cases T-180/02 and T-113/03;

| 3. | Orders the Commission to bear its own costs and to pay a third of the applicant's costs in the two cases; |
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3.

Orders the Commission to bear its own costs and to pay a third of the applicant's costs in the two cases;

| 4. | Orders the applicant to bear two thirds of his costs in those cases. |
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4.

Orders the applicant to bear two thirds of his costs in those cases.

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(1)  OJ C 191 of 10.8.2002.

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