Case T-205/01: Action brought on 6 September 2001 by André Ronsse against the Commission of the European Communities
Date: 2001-11-10
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), family benefit, fraud against the EU, regulations for civil servants

C 317/32

EN

Official Journal of the European Communities

10.11.2001

In support of her claims, the applicant submits:

— Arbitrariness and failure to state reasons, in that, first, the
administration changed its mind as to whether certain
medicines were reimbursable and, secondly, the principle
of the doctor’s free choice of medicines was disregarded
in this case;

— Breach of the principle of legitimate expectation and of
the duty to have regard for the welfare of officials.

principle of equal treatment and freedom of movement for
workers. The conversion to the Community pension system of
the pension rights acquired by the applicant in Austria before
her entry into service constitutes, in her view, discrimination
based on grade, sex, age and nationality.

Action brought on 5 September 2001 by Maria-Luise
Lindorfer against the Council of the European Union

(Case T-204/01)

(2001/C 317/63)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 5 September 2001 by Maria-Luise Lindorfer,
resident in Brussels, represented by Georges Vandersanden,
Laure Levi and Dominique Dugois, lawyers.

The applicant claims that the Court should:

— annul the defendant’s decision of 3 November 2000
fixing at 5 years, 5 months and 8 days the number of
years of pensionable service to be taken into account for
the applicant’s Community pension following the transfer
of her pension rights acquired in Austria prior to her
entry into the service of the European Communities and,
in so far as necessary, annul the Council decision, dated
31 May 2001, to reject the applicant’s complaint of
2 February 2001;

Action brought on 6 September 2001 by André Ronsse
against the Commission of the European Communities

(Case T-205/01)

(2001/C 317/64)

(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 6 September 2001 by André
Ronsse, resident in Brussels, represented by Eric Boigelot,
lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision taken on 9 November 2000 by the
Appointing Authority concerning the reimbursement of
the household allowance considered by the Appointing
Authority to have been overpaid since 1 January 1994;

— annul the decision, taken by the Appointing Authority on
23 November 2000, to recover the household allowance
previously
1994
since
(22 433,07 Euros) from the applicant’s monthly pension,
in 30 monthly payments of 770 Euros from December
2000 to May 2003 inclusive and a monthly payment of
15,89 Euros in June 2003;

overpaid

January

1

— order the defendant to fix again, on an amended legal
basis devoid of all illegality, the years of pensionable
service to be taken into account for the applicant’s
Community pension following the transfer of her pension
rights acquired in Austria;

— in any event, whatever the decision on the substance of
the case, authorise his repayment arrangements to be
made more flexible than those presently imposed on him,
with average monthly payments of a maximum of
385 Euros;

— order the defendant to pay all the costs.

— order, in any event, the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of her action, the applicant raises an objection to
the legality of Article 11(2) of Annex VIII
to the Staff
Regulations and Articles 10.3 and 10.4 of the Council decision
fixing the general provisions for giving effect to Article 11(2).
According to the applicant, those articles, which form the legal
basis of the contested measure, constitute a breach of the

The applicant in the present case, a retired official, states that,
according to the Appointing Authority, he unduly received
household allowance from 1 January 1994 to 31 October
2000 and that, on the basis of Article 85, the Staff Regulations,
it is seeking to recover the amount overpaid.

10.11.2001

EN

Official Journal of the European Communities

C 317/33

Since the complaint through official channels was unsuccess-
ful, the applicant brought the present action, in which he
submits:

— Breach of

the Staff Regulations, and in particular
Articles 25, paragraph 2, 62, paragraph 3, and 85 of
Article 1(3) of Annex VII to those Regulations and
Article 46 of Annex VIII;

— Failure to take account of general principles of law, such
as the principle of sound administration, protection of
legitimate expectations, legal certainty, and the principles
which require the Appointing Authority to take a decision
only on the basis of relevant reasons which are not
marred by errors of fact or law.

3.

order the Commission to pay the costs.

Pleas in law and main arguments

The applicant produces sugar and sugar/cocoa mixtures in
Aruba. Aruba is part of the Overseas Countries and Territories
(OCT). The sugar and the sugar/cocoa mixtures produced by
the applicant have OCT originating status as a result of the
EC/OCT and ACP/OCT accumulation and can be imported
free of duty into the EC.

as

By virtue of Commission Regulation 1325/2001 of 29 June
2001 (1)
Regulation
by
No 1476/2001 of 18 July 2001, (2) a quota of 4 848 tonnes of
sugar was introduced for the period from 1 July to 1 December
2001.

Commission

amended

Action brought on the 17 September 2001 by Rica Foods
(Free Zone) N.V. against Commission of the European
Communities

(Case T-211/01)

(2001/C 317/65)

(Language of the case: Dutch)

The applicant submits that the contested regulation infringes
Article 109 of the OCT Decision. When considering whether
to take the safeguard measures the Commission relied on
incorrect facts. The difficulties to which the Commission refers
are not difficulties within the meaning of Article 109 of the
OCT Decision. Moreover,
the Commission has failed to
demonstrate the causal link between those difficulties and the
deterioration in the situation of an economic sector in the
Community. The applicant states, further, that the import of
sugar and sugar/cocoa mixtures from the OCT has no effect
on those difficulties.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 September 2001 by Rica Foods
(Free Zone) N.V., of Oranjestad (Aruba), represented by Gerard
van der Wal, lawyer, The Hague (Netherlands).

The applicant also alleges infringement of the principle of
proportionality, infringement of Articles 3 and 182 to 184 of
the EC Treaty. The contested regulation does not take into
account the privileged position which those articles accord to
the OCT.

The applicant claims that the Court should:

1.

annul Regulation 1325/2001;

The applicant also submits that Regulation 2553/97, to the
which the contested regulation refers is unlawful. Finally, the
applicant alleges abuse of discretion by the Commission and
failure to state reasons for the contested regulation.

2.

hold the Community liable for the damage caused to the
applicant by virtue of the fact that since 1 July 2001
the import of the products referred to in Regulation
1325/2001 has been prevented or restricted as a conse-
quence of that regulation and order that the parties shall
agree on the extent of the damage suffered by the
applicant and that, failing agreement thereon, the pro-
ceedings shall be resumed within a period to be specified
by the Court in order to determine the extent of the
damage, and order the Community to pay the interim
estimated damage and damage yet to be estimated; in the
further alternative order the Community to pay the
damages to be determined by the Court, plus interest of
8 % per annum from the date of the application until the
date of payment in full;

(1) Commission Regulation (EC) No 1325/2001 of 29 June 2001
providing for the continued application of safeguard measures
with regard to imports of sugar sector products with EC/OCT
originating status from the Overseas Countries and Territories for
the period 1 July to 1 December 2001 (OJ L 177, 30.6.2001,
p. 57 to 59).

(2) Commission Regulation (EC) No 1476/2001 of 18 July 2001
amending Regulation (EC) No 1325/2001 as regards safeguard
measures with regard to imports from the Overseas Countries and
Territories of mixtures of sugar and cocoa with ACP/OCT
originating status for the period 1 July to 1 December 2001 (OJ
L 195, 19.7.2001, p. 29 to 30).