Judgment of the Court of First Instance of 5 November 2002 in Case T-205/01: André Ronsse v Commission of the European Communities (Officials — Remuneration — Household allowance — Recovery of sum overpaid)
Date: 2003-01-25
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), family benefit, fraud against the EU, regulations for civil servants

25.1.2003

EN

Official Journal of the European Communities

C 19/33

O. Slusny, lawyer, with an address for service in Luxembourg,
against Commission of the European Communities (Agent:
J. Currall) — application for the annulment of the implied
rejection of the complaint lodged by the applicant against the
decision of
the office responsible for settling claims of
30 November 2000 refusing to reimburse expenses relating to
medicinal preparations prescribed by the doctor providing
treatment — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President, K. Lenaerts and J. Azizi,
Judges; D. Christensen, Administrator, for the Registrar, gave a
judgment on 7 November 2002, in which it:

1. Dismisses the application.

2. Orders the parties to bear their own costs.

( 1) OJ C 317 of 10.11.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 November 2002

in Case T-205/01: André Ronsse v Commission of the
European Communities (1)

(Officials — Remuneration — Household allowance —
Recovery of sum overpaid)

(2003/C 19/62)

(Language of the case: French)

In Case T-205/01: André Ronsse, an official of the Commission
of the European Communities, residing in Brussels, represented
by E. Boigelot, lawyer, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: J. Currall, F. Clotuche-Duvieusart and B. Wägenbaur)
— application for, first, annulment of the decisions of the
Commission contained in letters of 9 and 23 November 2000
and in so far as necessary in the letter of 15 January 2002 and
the implied rejection of his complaint lodged on 8 February
2001, all relating to repayment of EUR 22 443,07 correspond-
ing to the household allowance paid to the applicant from
1 January 1994 to 1 November 2000 and, secondly, reim-
bursement of the amounts withheld from his pension since
December 2000, together with interest at the statutory rate —
the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, N.J. Forwood and H. Legal, Judges;
J. Palacio González, Administrator, for the Registrar, gave a
judgment on 5 November 2002, in which it:

1. Dismisses the application.

2. Orders the parties to bear their own costs.

(1) OJ C 317 of 10.11.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 November 2002

in Case T-271/01: José Manuel López Cejudo v Com-
mission of the European Communities (1)

(Officials — Remuneration — Dependent child and edu-
cation allowances paid to the parent awarded custody of the
child — Refusal to grant the other parent payment of the
allowances for the purpose of calculating tax rebate and
expatriation allowance — Default interest)

(2003/C 19/63)

(Language of the case: French)

In Case T-271/01: José Manuel López Cejudo, an official
working for the Commission of the European Communities,
residing in Brussels, represented by G. Vandersanden and
L. Levi, avocats, with an address for service in Luxembourg,
against Commission of the European Communities (Agent:
J. Currall) — First an application for annulment of the decision
of the Commission refusing to grant to the applicant, in
respect of the period running from October 2000 to July
2001, the dependent child and education allowances for the
purpose of calculating tax abatement and the expatriation
allowance and, second, a claim for default interest on the
amounts improperly recovered or not paid — the Court of
First Instance (Second Chamber), composed of R.M. Moura
Ramos, President, J. Pirrung and A.W.H. Meij, Judges; J. Pling-
ers, Administrator, for the Registrar, gave a judgment on
12 November 2002, in which it:

1.

the Commission, as evidenced by
annuls the decision of
the applicant’s salary slip for October 2000, refusing him
entitlement to dependent child and education allowances to take
into account for purposes of tax abatement and expatriation
allowance since July 1999, as amended by the Commission’s
decision of 16 July 2001, insofar as the latter decision takes
account of
to the
allowances in issue and of the benefits under them only in
respect of the future.

the apportionment of

the entitlement

2.

orders the Commission to pay to the applicant:

— default interest, as from November 2000, on the capital
amount of EUR 1 193,85 and, for each month from
2001,
December
EUR 1 200 each month until those capital amounts are
repaid to him;

September

2000

until

and