Case T-15/01: Action brought on 22 January 2001 by Stefano Benini against Commission of the European Communities
Date: 2001-03-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), servant (EU), work contract

C 95/20

EN

Official Journal of the European Communities

24.3.2001

Action brought on 22 January 2001 by Stefano Benini
against Commission of the European Communities

The applicant claims that the Court should:

(Case T-15/01)

(2001/C 95/39)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 22 January 2001 by Stefano Benini
represented by Bruno Nascimbene and Massimo Condinanzi,
Avvocati, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision taken by the appointing authority in
its memorandum of 24 February 2000 to continue to
transfer part of his remuneration but at a rate of only
19 % of his net monthly salary, instead of 35 %;

— annul

the decision of

the Heads of Administration
No 102/84 approved by them at the 149th meeting of
inasmuch as it allows the appointing
6 April 1984,
authority to limit its transfer to 19 % in place of 35 %;

— order the defendant to pay the applicant a provisional
sum of EUR 5 000 in respect of damages to be assessed
subsequently together with default interest, by way of
damages for the financial injury caused to him;

— Annul the decision of the Commission of 28 September
2000 rejecting the complaint lodged by the applicant on
28 March 2000 under No 169/2000;

— order the defendant to pay the costs.

— Order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The pleas in law and main arguments are the same as though
in Case T-11/01 Maschetti v Commission (1).

The applicant, an official working for the Commission in
Brussels, purchased residential property in London. The pur-
chase was partly financed by a mortgage in the United
Kingdom repayable on a monthly basis over 10 years.

(1) Not yet published in the OJ.

Action brought on 24 January 2001 by Georgios Rounis
against Commission of the European Communities

(Case T-17/01)

(2001/C 95/40)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 January 2001 by Georgios
Rounis, residing in Brussels, represented by Eric Boigelot,
avocat, with an address for service in Luxembourg.

Accordingly, the applicant requested a transfer to the United
Kingdom of 35 % of his net monthly salary under Article 17(2)
of Annex VII to the Staff Regulations.

The Commission limited the transfer to a ceiling of 19 % on
the ground that such a ceiling was applicable, by analogy,
pursuant to Decision No 102/84 of the Heads of Adminis-
tration. The applicant claims that that limitation is unlawful
and that it does not comply with either the Staff Regulations
or the joint rules fixing the detailed rules relating to the transfer
of part of the salary.

The applicant also claims that
the appointing authority
infringed Articles 62 and 63 of the Staff Regulations and that
its decision, based on grounds which are both legally and
the applicant by
factually incorrect, discriminates against
comparison with other officials in the same situation.