Case T-299/02: Action brought on 30 September 2002 by Carles Dedeu i Fontcuberta against the Commission of the European Communities
Date: 2002-11-23
Institutions: Court of First Instance
Subjects: European official, action for annulment (EU), equal treatment, regulations for civil servants

C 289/38

EN

Official Journal of the European Communities

23.11.2002

In addition, the contested act infringes the principles of the
protection of legitimate expectations and of proportionality,
in so far as the Italian State has been ordered by the defendant
to recover the alleged aid.

— infringement of

the principle of non-discrimination,
inasmuch as the case involves a difference in treatment
between personal situations which are substantially the
same, since no account has been taken, for the purposes
of calculating the reference period, of the periods of work
completed, prior to their engagement, by certain officials
employed in Brussels in offices of German Länder or of
United Kingdom federations.

Action brought on 1 October 2002 by Anna Romero
Romeu against the Commission of the European Com-
munities

The applicant also pleads failure to comply with the obligation
to provide a statement of reasons.

(Case T-298/02)

(2002/C 289/68)

(Language of the case: Spanish)

Action brought on 30 September 2002 by Carles Dedeu i
Fontcuberta against the Commission of the European
Communities

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 1 October 2002 by Anna Romero
Romeu, residing in Brussels, represented by Ramón García-
Gallardo Gil-Fournier and Javier Guillem-Carrau, lawyers.

(Case T-299/02)

(2002/C 289/69)

The applicant claims that the Court should:

(Language of the case: Spanish)

— annul the decision of the appointing authority of 10 June
2002 in so far as it does not recognise the applicant’s
entitlement to the expatriate allowance and, consequently,
her entitlement to the other associated allowances in
accordance with the decision in Lozano;

— order the defendant to pay all the costs.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 30 September 2002 by Carles
Dedeu i Fontcuberta, residing in Brussels (Belgium), represent-
ed by R. García-Gallardo Gil-Fournier and J. Guillem-Carrau,
lawyers.

Pleas in law and main arguments

The applicant claims that the Court should:

By the present action, the applicant, an official of the defendant
institution, is contesting the appointing authority’s decision
to the expatriation
refusing to recognise her entitlement
allowance (Article 4 of Annex VII to the Staff Regulations); in
the applicant’s view, that allowance is due to her inasmuch as
her habitual residence and centre of interests during the
relevant period under the Staff Regulations was Barcelona and
not Brussels.

— annul the decision of 23 September 2002, implicit in the
Commission’s silence, rejecting complaint 275/02, and
refusing to acknowledge his right to the expatriation
allowance and, therefore, other associated benefits, in
accordance with the judgment in Lozano;

— order the Commission to pay the full costs.

In support of her claims, the applicant pleads:

— commission of a manifest error of assessment of the facts,
inasmuch as, first, the contested decision did not treat the
work done for the representative office of a Spanish
Autonomous Community in Brussels as ‘work done for
another State’ and, second, it failed to take account of the
applicant’s personal situation as regards lasting links with
the country of employment;

Pleas in law and main arguments

The pleas in law and main arguments have already been put
forward in Case T-298/02 Ana Herrero Romeu v Commission.