Judgment of the Court of First Instance of 8 November 2000 in Case T-158/98: Bernard Beyt and Others v Commission of the European Communities (Officials — Temporary agents — Posting in a third country — Remuneration — Fixing of a weighting specific to Naka (Japan) — Retroactive effect — Recovery of overpayment)
Date: 2001-03-24
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), pay, third country, wage determination

24.3.2001

EN

Official Journal of the European Communities

C 95/9

JUDGMENT OF THE COURT OF FIRST INSTANCE

1. Dismisses the application.

of 29 November 2000

2. Orders the applicants to pay all the costs and the United
Kingdom of Great Britain and Northern Ireland to bear its own
costs.

in Case T-213/97: Committee of the Cotton and Allied
Textile Industries of the European Union (Eurocoton) and
Others v Council of the European Union (1)

(1) OJ C 318 of 18.10.97.

(Dumping — Failure by the Council to adopt definitive
duties — Action for annulment — Actionable measure —
Action for damages)

(2001/C 95/15)

(Language of the case: English)

In Case T-213/97: Committee of the Cotton and Allied Textile
Industries of the European Union (Eurocoton), established in
Brussels, Belgium, Ettlin Gesellschaft für Spinnerei und Webe-
rei AG, established in Ettlingen, Germany, Textil Hof Weberei
GmbH & Co. KG, established in Hof, Germany, H. Hecking
Söhne GmbH & Co., established in Stadtlohn, Germany,
Spinnweberei Uhingen GmbH, established in Uhingen, Germ-
any, F.A. Kümpers GmbH & Co., established in Rheine,
Germany, Tenthorey SA, established in E´ loyes, France, Les
Tissages des Héritiers de G. Perrin — Groupe Alain Thirion
(HPG-GAT Tissages), established in Cornimont, France, E´ tablis-
sements des Fils de Victor Perrin SARL, established in Thiéfosse,
France, Filatures et Tissages de Saulxures-sur-Moselotte, estab-
lished in Saulxures-sur-Moselotte, France, Tissage Mouline
Thillot, established in Thillot, France, Tessival SpA, established
in Azzano S. Paolo, Italy, Filature Niggeler & Küpfer SpA,
established in Capriolo, Italy and Standardtela SpA, established
in Milan, Italy, represented by C. Stanbrook, QC, and A. Dash-
wood, Barrister, with an address for service in Luxembourg at
the Chambers of A. Kronshagen, 12 Boulevard de la Foire,
against Council of the European Union (Agents: M.A. Santa-
cruz, A. Tanca and S. Marquardt, H.-J. Rabe and G.M. Berrisch),
supported by United Kingdom of Great Britain and Northern
Ireland, (Agent: J.E. Collins) — application for annulment of
the Council’s ‘decision’ not
for a
regulation imposing a definitive anti-dumping duty on imports
of unbleached (grey) cotton fabrics originating in the People’s
Indonesia, Pakistan and
Republic of China, Egypt,
Turkey,
(COM(97) 160 final, of 21 April 1997) and for
compensation for the damage suffered as a result of that
‘decision’ — the Court of First Instance (Second Chamber,
Extended Composition), composed of: J. Pirrung, President,
Judges;
J. Azizi, A. Potocki, M.
G. Herzig, Administrator,
for the Registrar, has given a
judgment on 29 November 2000, in which it:

Jaeger and A.W.H. Meij,

the proposal

to adopt

India,

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 November 2000

in Case T-158/98: Bernard Beyt and Others v Commission
of the European Communities (1)

(Officials — Temporary agents — Posting in a third country
— Remuneration — Fixing of a weighting specific to Naka
(Japan) — Retroactive effect — Recovery of overpayment)

(2001/C 95/16)

(Language of the case: French)

In Case T-158/98: Bernard Bareyt,
Ivone Benfatto, Denis
Bessette, Giuliano Dalle Carbonare, Enrico Di Pietro, Barry
John Green, Remmelt Haange, Michel Huguet, Marcus Iseli,
Cornelis Jorg, Neil Mitchell, Pier Luigi Mondino, Alfredo
Portone, Carlo Sborchia, Alessandro Tesini, Mike Michael
Wykes, temporary agents of the Commission of the European
Communities, all residing in Naka (Japan), represented by
Nicolas Lhoëst, of the Brussels Bar, with an address for service
in Luxembourg at Fiduciaire Becker and Cahen, 3 Rue des
Foyers, against the Commission of the European Communities
(Agents: G. Valsesia and F. Clotuche-Duvieusart), supported by
Council of the European Union (Agents: C. Strömholm and
T. Blanchet) — application for annulment of all the salary slips
of the applicants from November 1997 in so far as they apply
the specific weighting fixed for Naka by Council Regulation
(ECSC, EC, Euratom) No 1785/97 of 11 September 1997
laying down the weightings applicable from 1 January 1997
to the remuneration of officials of the European Communities
serving in third countries (OJ 1997 L 254, p. 1), and for an
order requiring the Commission to repay to the applicants the
amounts withheld from their salary with effect from June
1996 by way of recovery of amounts overpaid and to pay
them the difference between the salary calculated on the basis
of the weighting for Tokyo (Japan) and that paid to them as
from November 1997 on the basis of the specific weighting
— the Court of First Instance (Second Chamber), composed of
J. Pirrung, President, J. Azizi and A. Potocki, Judges; G. Herzig,
administrator, for the Registrar, gave a judgment on 8 Novem-
ber 2000, in which it:

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;