Judgment of the Court of First Instance of 30 January 2003 in Case T-307/00: C v Commission of the European Communities (Officials — Orphan's pension — Fourth paragraph of Article 80 of the Staff Regulations — Parents' civil status — Equal treatment)
Date: 2003-04-05
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), cohabitation, gender equality, orphan, regulations for civil servants, survivor's benefit

5.4.2003

EN

Official Journal of the European Union

C 83/19

JUDGMENT OF THE COURT OF FIRST INSTANCE

2.

In Case T-303/00:

of 30 January 2003

— annuls the Commission’s decision contained in the note of
13 December 1999 relating to the applicant’s pension
rights;

in Joined Cases T-303/00, T-304/00 and T-322/00: Manuel
Francisco Caballero Montoya and Others v Commission
of the European Communities (1)

(Officials — Transfer to the Community pension scheme of
pension rights acquired under a national social security
scheme — Late transfer — Interest paid after transfer —
Commission’s refusal to review the calculation of the pension
rights of the officials concerned and to pay them part of that
interest)

(2003/C 83/44)

(Languages of the case: Spanish and French)

In Joined Cases T-303/00, T-304/00 and T-322/00: Manuel
Francisco Caballero Montoya, former official of the Com-
mission of the European Communities, residing in Brussels,
María Jesús Sáez Acevedo, an official of the Commission of
the European Communities, residing in Brussels, represented
by J.R. Iturriagagoitia Bassas, lawyer, Cecilio Alonso de Miguel,
residing in Bornem-Wintam (Belgium), Miguel Baena Durán,
residing in Torremolinos (Spain), Lucrecio Blázquez Rubia,
Juan Antonio Campos Morales,
Jaime Cavanillas Junquera,
Carlos Fernández Liébana, Ricardo García Ayala, Luis García
Collados, Pilar Gil Soria,
Joaquín López Madruga, Martín
Minguella Giné, Ramón Oviedo Bussells, Giovanni Ouzonoff
Popoff, Raquel Sevilla García, Alfonso Solloa Inchaurtieta, José
Trimiño Pérez, residing in Brussels, Juan Cornet Prat, residing
in Overijse (Belgium), José Luis Gallego LaPeña, Manuel Puerta
García, residing in Kraainem (Belgium), Lorenzo Sánchez
García, residing in Algiers (Algeria), Kaethe Sommerau Ro-
schinsky, residing in Buenos Aires (Argentina), officials or
former officials of the Commission of the European Communi-
ties, represented by J.-N. Louis and V. Peere, lawyers, with an
address for service in Luxembourg, against Commission of the
European Communities (Agents: J. Currall, J. Rivas Andrés
and J. Gutiérrez Gisbert) -application for annulment of the
Commission’s decisions contained in notes of 13 December
1999 relating to the applicant in Case T-303/00 and of
15 December 1999 relating to the applicants in Cases T-304/
00 and T-322/00 refusing to review the calculation of their
pension rights — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President, K. Lenaerts and J. Azizi,
Judges; B. Pastor, Deputy Registrar, has given a judgment on
30 January 2003, in which it:

1.

Joins Cases T-303/00, T-304/00 and T-322/00 for the
purposes of the judgment;

— dismisses the remainder of the action;

— orders the Commission to pay the costs.

3.

In Case T-304/00:

— annuls the Commission’s decision contained in the note of
15 December 1999 relating to the applicant’s pension
rights;

— dismisses the remainder of the action;

— orders the Commission to pay the costs;

4.

In Case T-322/00:

— annuls the Commission’s decisions contained in the notes
of 15 December 1999 relating to the applicants’ pension
rights;

— orders the Commission to pay the costs.

(1) OJ C 372, 23 December 2000, C 355, 9 December 2000 and

C 335, 25 November 2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 January 2003

in Case T-307/00: C v Commission of the European
Communities (1)

(Officials — Orphan’s pension — Fourth paragraph of
Article 80 of the Staff Regulations — Parents’ civil status
— Equal treatment)

(2003/C 83/45)

(Language of the case: French)

In Case T-307/00: C, an official of the Commission of the
European Communities, residing in Brussels, represented by J.-
N. Louis and V. Peere, lawyers, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agents: F. Anton and A. Pillette) — application for
annulment of the Commission’s decision of 25 November
1999 refusing to award an orphan’s pension to the applicant’s
child — the Court of First Instance (Fourth Chamber, Extended
Composition), composed of M. Vilaras, President, V. Tiili,
J. Pirrung, P. Mengozzi and A.W.H. Meij, Judges; J. Palacio
González, Registrar, has given a judgment on 30 January
2003, in which it:

C 83/20

EN

Official Journal of the European Union

5.4.2003

1. Annuls the Commission’s decision of 25 November 1999
refusing to award an orphan’s pension to the applicant’s child;

Action brought on 10 January 2003 by Colette Di Marzio
against Commission of the European Communities

2. Orders the Commission to pay the costs, except those incurred
by the Council of the European Union and those incurred by
the applicant as a consequence of the Council’s intervention;

3. Orders the Council to bear its own costs.

( 1) OJ C 335, 25 November 2000.

(Case T-14/03)

(2003/C 83/47)

(Language of the case: French)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 January 2003

in Case T-138/01: F v Court of Auditors of the European
Communities (1)

(Officials — Reassignment — Legitimate expectations —
Action for annulment and compensation)

(2003/C 83/46)

(Language of the case: French)

In Case T-138/01: F, an official of the Court of Auditors of the
European Communities, residing in Luxembourg, represented
by P. Goergen, lawyer, with an address for service in Luxem-
bourg, against Court of Auditors of the European Communities
(Agents: J.-M. Stenier, P. Giusta and B. Schäfer) — application,
firstly, for annulment of the decision of the Court of Auditors
of 4 December 2000 reassigning the applicant to the trans-
lation service and, secondly, for compensation for the non-
material damage alleged by the applicant, the Court (Second
Chamber), composed of R.M. Moura Ramos, President, and
J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator,
for the Registrar, has given a judgment on 28 January 2003,
in which it:

1. Annuls the decision of the Court of Auditors of 4 December
2000 reassigning the applicant to the translation service.

2. Dismisses the remainder of the application.

3. Orders the Court of Auditors to pay the costs, including those
relating to the interlocutory proceedings in Case T-138/01 R.

( 1) OJ C 259 of 15.9.2001.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 10 January 2003 by Colette Di
Marzio, residing in Ginasservis (France), represented by Geor-
ges Vandersanden and Laure Levi, lawyers.

The applicant claims that the Court should:

— annul the appointing authority’s decision to make a
deduction from the applicant’s salary corresponding, for
the months of October, November and December 2001,
to the weighting for France and the expatriation allow-
ance;

— annul the decision of an unknown date depriving the
applicant of the fixed allowance (the ‘secretarial allow-
ance’) referred to in Article 4a of Annex VII to the Staff
Regulations with effect from October 2000;

— annul the decision of an unknown date depriving the
applicant of the annual travel allowance provided for in
Article 8 of Annex VII to the Staff Regulations for 2001;

— reinstate all the applicant’s pecuniary rights, which entails
payment of the weighting for France and the expatriation
allowance for October, November and December 2001;
payment of the fixed allowance (the ‘secretarial allow-
ance’) referred to in Article 4a of Annex VII to the Staff
Regulations for the period from 1 January 2001; payment
of the annual travel allowance provided for in Article 8
of Annex VII to the Staff Regulations for the whole of
2001; plus interest on all those amounts at the rate of
5,25 % per annum until full payment is made;

— order the defendant to pay damages assessed, on an

equitable basis, at EUR 10 000;

— order the defendant to pay all the costs.