Judgment of the Court of First Instance of 30 January 2003 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 (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)
Date: 2003-04-05
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), interest, regulations for civil servants, social security, transfer of pension rights

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: