Judgment of the Court of First Instance of 8 November 2000 in Case T-210/98: E v Commission of the European Communities (Officials — Dependent child allowance — Double allowance for child affected by mental or physical handicap — Suspension — Recovery of undue payment)
Date: 2001-03-24
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), family benefit, redemption

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;