Case T-69/03: Action brought on 28 February 2003 by Miguel Angel Poveda Morillas against the European Parliament
Date: 2003-04-26
Institutions: Court of First Instance
Subjects: European Parliament, European official, action for annulment (EU), indemnification, pension scheme, regulations for civil servants

C 101/52

EN

Official Journal of the European Union

26.4.2003

Pleas in law and main arguments

The present application is directed against a decision of the
Commission of 20 December 2002 requiring the Fondation
Alsace to repay to it EUR 18 000 (principal sum) as a result of
its failure to fulfil subvention agreement PSS*/0534, concern-
ing the organisation in Strasbourg of a conference from
29 June to 2 July 1992 entitled:
la
xénotransplantation et
xénotransplantation’.
et
éthique
According to the Commission, the applicant failed to fulfil one
of its obligations, namely to provide scientific reports.

‘Quel avenir pour

In support of its claims, in addition to pleading lack of a
statement of reasons, the applicant alleges:

— expiry of time-limits to bring an action for restitution
inasmuch as reimbursement of the subsidy in question is
required more than 10 years after it was granted;

— manifest error of assessment in the present case, in that
the condition relating to distribution of scientific reports
was met, having regard to the nationality and number of
leading
participants at the conference who were all
specialists in the field with which the conference was
concerned.

— order the European Parliament to grant to the applicant
the resettlement allowance provided for under Article 6
of Annex VII to the Staff Regulations with retroactive
effect from 1 June 2002;

— order the European Parliament to pay all the costs of the

proceedings.

Pleas in law and main arguments

The applicant, who is a former official of the European
Parliament, was retired with entitlement to receive an invalidity
pension as from 1 June 1999. On 31 May 2002 the applicant
submitted to the defendant an application for the resettlement
allowance provided for under Article 6 of Annex VII to the
Staff Regulations, stating that he had, on the previous day,
definitively resettled in England. Following the defendant’s
rejection of that application, the applicant brought the present
action, invoking three pleas in law in support thereof:

— manifest error of assessment;

— breach of the provisions of the second subparagraph of
Article 6(4) of Annex VII to the Staff Regulations;

— infringement of the obligation to state reasons.

Action brought on 28 February 2003 by Miguel Angel
Poveda Morillas against the European Parliament

Action brought on 28 February 2003 by Herbert Meister
against Office for Harmonization in the Internal Market
(OHIM)

(Case T-69/03)

(2003/C 101/90)

(Language of the Case: French)

(Case T-76/03)

(2003/C 101/91)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on
28 February 2003 by Miguel Angel Poveda Morillas, residing in
Folkestone (United Kingdom), represented by Patrick Goergen,
avocat, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the European Parliament of 3 June
2002 refusing to grant to the applicant the resettlement
allowance provided for under Article 6 of Annex VII to
the Staff Regulations;

An action against the Office for Harmonization in the Internal
Market (OHIM) was brought before the Court of First Instance
of the European Communities on 28 February 2003 by
Herbert Meister, residing in Muchamiel (Spain), represented by
Georges Vandersanden, lawyer.

The applicant claims that the Court should:

— annul the decision of 22 April 2002 of the President of
the Office transferring the applicant together with his
post as legal adviser to the Vice-President for Legal Affairs
with effect from 1 May 2002;

— order the applicant’s rights to be fully restored, which
means retransferring him and his post to his original
department, in its original structure;