Judgment of the Court of First Instance of 26 October 2000 in Joined Cases T-83/99, T-84/99 and T-85/99: Carlo Ripa di Meana and Others v European Parliament (Members of the European Parliament — Provisional retirement pension scheme — Time-limit for submitting request — Knowledge acquired — Admissibility)
Date: 2001-03-24
Institutions: Court of First Instance
Subjects: European Parliament, Member of the European Parliament, action for annulment (EU), pension scheme

C 95/10

EN

Official Journal of the European Communities

24.3.2001

1.

2.

dismisses the application;

orders each of the parties to bear their own costs.

(1) OJ No C 358 of 21.11.98.

3. Orders the Commission to repay to the applicant the sums
recovered from her pension, amounting to LUF 181 446;

4. Dismisses the remainder of the action;

5. Orders the Commission to pay the costs.

(1) OJ No C 86, 27.3.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 November 2000

JUDGMENT OF THE COURT OF FIRST INSTANCE

in Case T-210/98: E v Commission of the European
Communities (1)

(Officials — Dependent child allowance — Double allow-
ance for child affected by mental or physical handicap —
Suspension — Recovery of undue payment)

(2001/C 95/17)

(Language of the case: French)

In Case T-210/98: E, a former official of
the European
Communities, residing in Luxembourg, represented initially by
C. Revoldini and subsequently by J. Choucroun, both of the
Luxembourg Bar, with an address for service in Luxembourg
at the Chambers of the latter, 84 Grand-Rue, against the
Commission of the European Communities (Agents: C. Berar-
dis-Kayser, F. Clotuche-Duvieusart and B. Wägenbaur) —
applications for the annulment, first, of a Commission decision
of 14 July 1998 suspending payment of a double dependent
child allowance and retrospectively withdrawing the benefit of
the latter for the period from 1 January 1997 until 14 July
1998, and, second, of a Commission decision of 22 July 1998
recovering from the applicant’s retirement pension sums
totalling LUF 181 446 allegedly paid unduly by way of that
allowance, and for an order that the Commission repay to the
applicant the amounts withheld from her pension — the Court
of First Instance (Second Chamber), composed of J. Pirrung,
President of the Chamber, A. Potocki and A.W.H. Meij, Judges;
J. Palacio Gonzalez, Administrator, for the Registrar, has given
a judgment on 8 November 2000, in which it:

1. Annuls the Commission decision of 14 July 1998 in so far as
it withdraws the grant of the double allowance for a dependent
child provided for in Article 67(3) of the Staff Regulations of
Officials of the European Communities for the period from
1 January 1997 until 14 July 1998;

2. Annuls the Commission decision of 23 July 1998, recovering

the sum of LUF 181 446;

of 26 October 2000

in Joined Cases T-83/99, T-84/99 and T-85/99: Carlo Ripa
di Meana and Others v European Parliament (1)

(Members of the European Parliament — Provisional retire-
ment pension scheme — Time-limit for submitting request
— Knowledge acquired — Admissibility)

(2001/C 95/18)

(Language of the case: Italian)

In Joined Cases T-83/99, T-84/99 and T-85/99: Carlo Ripa di
Meana, former Italian Member of the European Parliament,
residing in Montecastello di Vibio (Italy), Leoluca Orlando,
former Italian Member of the European Parliament, residing in
Palermo (Italy), Gastone Parigi, former Italian Member of the
European Parliament, residing in Pordenone (Italy), represented
by V. Viscardini Donà, assisted by G. Donà, of the Padua Bar,
with an address for service in Luxembourg at the Chambers of
E. Arendt, 8-10 Rue Mathias Hardt, against European Parlia-
ment (Agents: A. Caiola, G. Ricci and F. Capelli) — application
for annulment of the decisions of the European Parliament of
4 February 1999 rejecting the requests submitted by Mr Ripa
di Meana, Mr Orlando and Mr Parigi, seeking to obtain
retroactive application of the provisional retirement pension
scheme referred to in Annex III to the Rules Governing the
Payment of Expenses and Allowances to Members of the
European Parliament — the Court of First Instance (Fourth
Chamber), composed of V. Tiili, President, R.M. Moura Ramos
and P. Mengozzi, Judges; G. Herzig, administrator, for the
Registrar, gave a judgment on 26 October 2000, in which it:

1.

annuls the decisions of the European Parliament of 4 February
1999 No 300762 and No 300763 rejecting the requests
submitted by Mr Ripa di Meana and Mr Orlando for the
provisional pension scheme referred to in Annex III to the
Rules Governing the Payment of Expenses and Allowances to
Members of the European Parliament to apply with retroactive
effect;

24.3.2001

EN

Official Journal of the European Communities

C 95/11

dismisses as inadmissible the application in Case T-85/99;

JUDGMENT OF THE COURT OF FIRST INSTANCE

2.

3.

4.

orders the Parliament to bear its own costs, and to pay those of
Mr Ripa di Meana and Mr Orlando, in Cases T-83/99 and
T-84/99;

orders Mr Parigi to bear his own costs, as well as to pay those
of the Parliament, in Case T-85/99.

(1) OJ No C 160 of 5/6/99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 September 2000

in Case T-138/99: Luc Verheyden v Commission of the
European Communities (1)

(Officials — Prior administrative complaint — Time-limits
— New fact — Promotion — Comparative examination on
the merits)

(2001/C 95/19)

(Language of the case: French)

In Case T-138/99: Luc Verheyden, an official of the Com-
mission of the European Communities, residing in Angera
(Italy), represented by E. Boigelot, of the Brussels Bar, with an
address for service in Luxembourg at
the Chambers of
L. Schiltz, 2 Rue du Fort Rheinsheim, against Commission of
the European Communities (Agents: C. Berardis-Kayser and
F. Clotuche-Duvieusart) — application for the annulment of
the decision not to promote the applicant to Grade A4 with
retroactive effect from 10 October 1989 and of the decision
not to promote the applicant in the 1998 promotion exercise,
and for compensation for the non-pecuniary damage which
he claims to have suffered — the Court of First Instance
(Fifth Chamber), composed of: R. Garcı´a-Valdecasas, President,
P. Lindh and J.D. Cooke, Judges; G. Herzig, Administrator, for
the Registrar, has given a judgment on 26 October 2000, the
operative part of which is as follows:

1.

2.

The application is dismissed;

Each party shall bear its own costs.

(1) OJ C 226 of 7.8.99.

of 21 November 2000

in Case T-214/99: Manuel Toma´s Carrasco Benı´tez v
Commission of the European Communities (1)

(Officials — Recruitment — Access to internal competitions
— Competition notice — Condition relating to length of
service — Professional experience of the candidate)

(2001/C 95/20)

(Language of the case: French)

In Case T-214/99: Manuel Toma´s Carrasco Benı´tez, an official
of the Commission of the European Communities, residing in
London, represented by J.-N. Louis, G. Parmentier and V. Peere,
of the Brussels Bar, with an address for service in Luxembourg
at Société de gestion fiduciaire SARL, 13 Avenue du Bois,
against Commission of the European Communities (Agents:
J. Currall and D. Waelbroeck) — application for the annulment
of the decision of the internal selection boards for competitions
COM/T/R/ADM/A/98, COM/R/5179/98, COM/R/5182/98,
COM/R/5183/98, COM/R/5188/98 and COM/R/5190/98 not
to admit him to those competitions — the Court of First
Instance (Third Chamber), composed of K. Lenaerts, President,
J. Azizi and M. Jaeger, Judges; J. Palacio Gonza´lez, Adminis-
trator, for the Registrar, gave a judgment on 21 November
2000, in which it:

1.

2.

dismisses the application;

orders each of the parties to bear its own costs.

(1) OJ No C 333 of 20/11/99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 December 2000

in Case T-11/00: Michel Hautem v European Investment
Bank (1)

(Officials — Removal from post — Failure to comply with a
judgment annulling a decision — Article 233 EC — Non-
liability of the Community — Non-material
contractual

damage — Compensation)

(2001/C 95/21)

(Language of the case: French)

In Case T-11/00: Michel Hautem, a servant of the European
Investment Bank, residing in Schouweiler (Luxembourg), rep-
resented by M. Karp and J. Choucroun, of the Luxembourg