Case C-181/03 P: Appeal brought on 25 April 2003 by A. Nardone against the judgment delivered on 26 February 2003 by the First Chamber of the Court of First Instance of the European Communities in Case T-59/01 between A. Nardone and the Commission of the European Communities
Date: 2003-07-05
Institutions: Court of Justice
Subjects: European official, action for annulment (EU), disability insurance, regulations for civil servants

5.7.2003

EN

Official Journal of the European Union

C 158/11

Appeal brought on 25 April 2003 by A. Nardone against
the judgment delivered on 26 February 2003 by the First
Chamber of the Court of First Instance of the European
Communities in Case T-59/01 between A. Nardone and
the Commission of the European Communities

First Instance did not take account of the fact that the applicant
is already entitled to a pension for permanent partial invalidity
which has a clear effect on the calculation of his retirement
pension.

(Case C-181/03 P)

(2003/C 158/19)

An appeal against the judgment delivered on 26 February
2003 by the First Chamber of the Court of First Instance
of
the European Communities in Case T-59/01 between
A. Nardone and the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 25 April 2003 by A. Nardone, represented
by J.R. Iturriagagoitia and K. Delvolvé, lawyers. The appellant
claims that the Court should:

principally:

— declare that the appeal is admissible and founded,

— set aside in its entirety the judgment delivered by the
Court of First Instance on 26 February 2003 in Case
T-59/01;

in the alternative:

— annul the express decision of the Appointing Authority
of 15 December 2000 in so far as it rejected the
appellant’s complaint of 23 May 2000 regarding the
award of an invalidity pension under the second para-
graph of Article 78 of the Staff Regulations;

— in so far as is necessary, annul the express decision of the
Appointing Authority of 20 March 2000 in so far as it
rejected the appellant’s request of 18 November 1999
regarding the award of an invalidity pension under the
second paragraph of Article 78 of the Staff Regulations;

in any event:

— make an order as to costs in accordance with the

applicable provisions of the Rules of Procedure.

Pleas in law and main arguments

The appellant disputes the finding of the Court of First Instance
that he did not meet the cumulative conditions required under
Article 13 of Annex VIII to the Staff Regulations in order to be
entitled to an invalidity pension. First, he could not claim his
in 1981, when he resigned, because he was
entitlement
unaware of his state of health owing to the progressive and
degenerative nature of his condition. Secondly, the Court of

Action brought on 5 May 2003 by the Commission of
the European Communities against the Kingdom of the
Netherlands

(Case C-189/03)

(2003/C 158/20)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
5 May 2003 by the Commission of the European Communi-
ties, represented by W. Wils, acting as Agent.

The applicant claims that the Court should:

— Declare that, by laying down, in the framework of the
Law on private security firms and detective agencies,
provisions which require that:

— an undertaking that wishes to provide services in
the Netherlands must have a permit, without taking
into account
the obligations which the foreign
service provider must already satisfy in the Member
State where it is established, and by charging fees
for this permit;

— managers of these security firms have a permit for

which a charge is also made;

— staff have a diploma issued by a Netherlands organis-
ation, and that installers of alarms have professional
qualifications without taking into account qualifi-
the
cations obtained in another Member State;
Kingdom of the Netherlands has failed to fulfil its
obligations under Article 49 EC and Directives 89/
49/EEC (1) and 92/51/EEC (2) on the general system
for the recognition of professional qualifications.

— Order the Kingdom of the Netherlands to pay the costs.