Case T-67/02: Action brought on 1 March 2002 by Léopold Radauer against the Council of the European Union
Date: 2002-04-20
Institutions: Court of First Instance
Subjects: Austria, Council of the European Union, European official, action for annulment (EU), pension scheme, transfer of pension rights

C 97/18

EN

Official Journal of the European Communities

20.4.2002

The defendant misused its powers within the meaning of the
second paragraph of Article 230 of the EC Treaty. In carrying
it was not seeking to put an end to
out
infringements of the competition rules but to lower the charges
for the conversion of foreign currencies.

its procedure,

The amount of the fine was also such as to render it unlawful.
The defendant did not correctly apply the relevant principles
for the calculation of fines.

In support of his claims, the applicant pleads:

— infringement of Article 11(2) of Annex VIII to the Staff

Regulations;

— infringement of the general provisions for the implemen-
tation of Article 11(2) of Annex VIII to the Staff Regula-
tions;

— infringement of the principles of equal treatment and

non-discrimination.

Action brought on 25 February 2002 by Peter Finch
against the Commission of the European Communities

Action brought on 1 March 2002 by Léopold Radauer
against the Council of the European Union

(Case T-55/02)

(2002/C 97/32)

(Language of the case: French)

(Case T-67/02)

(2002/C 97/33)

(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 25 February 2002 by Peter Finch,
residing in Luxembourg, represented by Jean-Noël Louis,
lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the Commission’s decision concerning the crediting
of years of pensionable service under the Staff Regulations
to be taken into account pursuant to Article 11(2) of
Annex VIII to the Staff Regulations in consequence of the
the
transfer to the Community pension scheme of
pension rights acquired by the applicant prior to his entry
into service;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, an official of the defendant institution who,
prior to his entry into service, had worked in France, Belgium
and the Netherlands and acquired pension rights under
various pension schemes in those countries, is contesting the
calculation contained in the contested decision, which relates
to the crediting of all of the transferred rights. More specifically,
the applicant
the appointing
authority took the date of his establishment as the reference
date and not the date of his entry into service.

is contesting the fact

that

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 1 March 2002 by Léopold Radauer, residing
in Brussels, represented by Georges Vandersanden and Laure
Levi, avocats.

The applicant claims that the Court should:

— annul the defendant’s decision of 17 April 2001 fixing at
3 years, 10 months and 10 days the number of years of
pensionable service to be taken into account for the
applicant’s Community pension following the transfer of
his pension rights acquired in Austria prior to his entry
into the service of the European Communities and, in so
far as necessary, annul
the Council decision, dated
15 November 2001, to reject the applicant’s complaint
of 17 July 2001;

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

— order the defendant to pay all of the costs.

Pleas in law and main arguments

The single plea in law raised is the same as that in Case
T-204/01 Maria-Luise Lindorfer v Council of the European
Union (OJ C 317, 10.11.2001, p. 32).