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 (Officials — Reassignment — Legitimate expectations — Action for annulment and compensation)
Date: 2003-04-05
Institutions: Court of First Instance
Subjects: European Court of Auditors, abuse of power, action for annulment (EU), appointment of staff, information profession, reassignment

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.