Judgment of the Court of First Instance of 7 May 2003 in Case T-23/01: Eugène Émile Marie Kimman against Commission of the European Communities (Officials — Annual leave — Posting to a third country — Objection of illegality)
Date: 2003-07-19
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), paid leave, public holiday

C 171/22

EN

Official Journal of the European Union

19.7.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 February 2003

in Case T-184/00: Zisis Khristou Drouvis v Commission
of the European Communities (1)

(Officials — Pensions — Weighting — Legality of
Article 82(1), second paragraph, of the Staff Regulations —
Principle of equal treatment — Principles of freedom of
movement for workers and freedom of establishment within
the Community)

(2003/C 171/31)

(Language of the case: Greek)

In Case T-184/00 Zisis Khristou Drouvis, a former official of
the Commission of the European Communities, residing in
Maroussi, Attica (Greece), represented by I. Stamoulis, lawyer,
with an address for service in Luxembourg, against the
Commission of the European Communities (Agents: J. Currall
and P. Anestis), supported by the Council of the European
Union (Agents: D. Zahariou and A. Pilette) — application
seeking the amendment of the Commission’s decision, notified
to the applicant on 30 November 1999, determining his
pension and applying the weighting for Greece, so that the
weighting applied is the same as that on pensions paid to
pensioners residing in the United Kingdom or, in the alterna-
tive, the same as that on pensions paid to pensioners residing
in Belgium — the Court of First Instance (Fourth Chamber),
composed of M. Vilaras, President, V. Tiili and P. Mengozzi,
Judges; B. Pastor, Deputy Registrar, gave a judgment on
26 February 2003, in which it:

1. Dismisses the application.

2. Orders each of the parties to bear their own costs.

3. Orders the Council to bear its own costs.

( 1) OJ No C 335 of 25.11.00.

of 7 May 2003

in Case T-23/01: Eugène Émile Marie Kimman against
Commission of the European Communities (1)

(Officials — Annual leave — Posting to a third country —
Objection of illegality)

(2003/C 171/32)

(Language of the case: French)

In Case T-23/01: Eugène Émile Marie Kimman, official of
the Commission of the European Communities, residing in
Overijse (Belgium), represented by N. Lhoëst, lawyer, with an
address for service in Luxembourg, against Commission of the
European Communities (Agents: H. Tserepa-Lacombe and
F. Clotuche-Duvieusart) — application for annulment of the
decision of 25 May 2000 by which the Commission reduced
the applicant’s annual leave for 2000 by one day — the Court
of First Instance (First Chamber), composed of B. Vesterdorf,
President, N.J. Forwood and H. Legal, Judges; D. Christensen,
Administrator, for the Registrar; has given a judgment on
7 May 2003 in which it:

1. Annuls the decision of the Commission of 25 May 2000 in so
far as it reduces the applicant’s annual leave for 2000 by one
day;

2. Orders the Commission to pay the costs.

(1) OJ C 95, 24. 3. 2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 May 2003

in Case T-80/01: Barbara Diehl-Leistner against Com-
mission of the European Communities (1)

(Officials — Open competitions — Oral test — Exclusion
from the list of successful candidates — Knowledge of
languages of the members of the selection board — Equal
treatment)

(2003/C 171/33)

(Language of the case: German)

In Case T-80/01: Barbara Diehl-Leistner, residing in Luxem-
bourg, represented by L. Thielen, lawyer, against Commission