Case T-172/01: Action brought on 26 July 2001 by M against the Court of Justice of the European Communities
Date: 2001-11-10
Institutions: Court of First Instance
Subjects: Court of Justice of the European Union, action for annulment (EU), divorced person, maintenance obligation, survivor's benefit, widowed person

C 317/26

EN

Official Journal of the European Communities

10.11.2001

ORDER OF THE COURT OF FIRST INSTANCE

The applicant claims that the Court should:

of 6 July 2001

— Annul the contested act;

in Case T-375/00 Danielle Dubigh and Tamara Zaur-Gora
v Commission of the European Communities (1)

— Declare her to be entitled to obtain a survivor’s pension;

(Officials — Replacement staff — Members of the auxiliary
staff — Claim to classification as a member of the temporary
staff of the European Communities — Action in part lacking
in any legal basis and in part inadmissible)

— Set the amount of that pension at 200 000 BEF a month;

— Order the defendant to pay the costs.

(2001/C 317/51)

(Language of the case: French)

Pleas in law and main arguments

the Commission of

In Case T-375/00: Danielle Dubigh, a member of the auxiliary
staff of
the European Communities,
residing in Brussels, and Tamara Zaur-Gora, also a member
of the auxiliary staff of the Commission of the European
Communities, residing in Lodelinsart (Belgium), represented
by J.-N. Louis and V. Peere, avocats, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: J. Currall and C. Berardis-Kayser) —
application for the annulment of the Commission decisions
of 12 January 2000 rejecting the applicants’ requests of
24 September 1999 for regularisation of their administrative
situation by recognising them as members of the temporary
staff of the European Communities — the Court of First
Instance (Fourth Chamber), composed of: P. Mengozzi, Presi-
dent, V. Tiili and R.M. Moura Ramos, Judges; H. Jung, Registrar,
has made an order on 6 July 2001, the operative part of which
is as follows:

1.

2.

The application is dismissed.

Each party shall bear its own costs.

(1) OJ C 45 of 10.2.2001.

The applicant, divorced from a former member of the Court
of Justice, now deceased, is challenging the defendant’s refusal
to grant her a survivor’s pension. That decision is based on the
alleged absence of any maintenance agreement concluded after
the divorce was granted and on the fact that a survivor’s
pension is conditional upon a right to maintenance.

In support of her claims, the applicant maintains that the
defendant, having regard to the circumstances of the case, was
not entitled to consider that the two sworn declarations she
produced in order to establish the existence and amount of the
maintenance agreement with her ex-husband were insufficient.

Action brought on 30 July 2001 by Ms Jean M. Goulbourn
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

Action brought on 26 July 2001 by M against the Court
of Justice of the European Communities

(Case T-174/01)

(2001/C 317/53)

(Case T-172/01)

(2001/C 317/52)

(Language of the case: French)

the Court of

An action against
the European
Communities was brought before the Court of First Instance
the European Communities on 26 July 2001 by M,
of
represented by Georges Vandersanden and Harisios Tagaras,
lawyers.

Justice of

(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — Language in which the application was
made: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
30 July 2001 by Ms Jean M. Goulbourn of Makati, Metro
Manila (Philippines), represented by Dr Siegfried Jackermeier,
with an address for service in Luxembourg. Further party
before the board of appeal: Redcats SA, Roubaix (France).