Case T-200/03: Action brought on 6 June 2003 by Annelies Keyman against the Commission of the European Communities
Date: 2003-08-23
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), unfair dismissal

C 200/26

EN

Official Journal of the European Union

23.8.2003

Pleas in law and main arguments

Pleas in law and main arguments

The applicant
is an official at the Commission. He worked
from 1992 to 2000 in Brussels. In 2000 he was transferred to
Luxembourg and then on 1 September 2001 he was trans-
ferred back to Brussels, where he moved back into the house
in which he had previously lived.

The applicant alleges infringement of Article 5(1) of Annex VII
to the Staff Regulations. In his view, he and his family did in
fact move their family residence to his place of service in
Luxembourg. His transfer back to Brussels cannot therefore be
regarded as a return to his family residence.

is justified only if

the Staff
The applicant submits that, under Article 85 of
the
Regulations, recovery of a payment
recipient was aware that
there was no due reason for the
payment or if the fact of the overpayment was patently such
that he could not have been unaware of it. In the applicant's
the payment was
opinion, he was entitled to assume that
justified as the Commission,
the facts,
had decided to grant the installation allowance.

in full knowledge of

treatment of staff members.

Lastly, the applicant alleges infringement of the principle of
equal
Installation allowance is
payable to a staff member not entitled to the household
allowance but not to a staff member entitled to the household
allowance whose family have not yet settled at
that staff
member's place of service.

Action brought on 6 June 2003 by Annelies Keyman
against the Commission of the European Communities

(Case T-200/03)

(2003/C 200/47)

(Language of the Case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 6 June 2003 by Annelies Keyman,
resident in Overijse, Belgium, represented by Carlos Mourato,
lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul

the appointing authority's decision of 10 March

2003 to dismiss her;

The applicant in this case contests the appointing authority's
decision to dismiss her for inadequate performance.

In support of her claims, she pleads breach of Article 51 of
the Staff Regulations since she could not in the circumstances
have been found to be in any way incompetent, breach of the
duty to have regard to the welfare of officials, misuse of
powers, breach of the right to an inter partes hearing at the
time of the administrative inquiry, and disregard of the obliga-
tion to state reasons and of the principles of proportionality
and good administration.

Finally, the applicant pleads that the principle of equal treat-
ment has been infringed since similar cases have been treated
differently.

Action brought on 10 June 2003 by Lars Bo Rasmussen
against Commission of the European Communities

(Case T-203/03)

(2003/C 200/48)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 10 June 2003 by Lars Bo
Rasmussen, residing in Hellerup (Denmark),
represented by
Gilles Bounéou, lawyer, with an address for service in Luxem-
bourg.

The applicant claims that the Court should:

— annul Commission Decision No 34988 of 1 July 2000;

— annul

the decision of 21 January 2003 rejecting the

complaint;

— order the defendant to repay the sums wrongfully recov-
ered on the basis of Article 85 of the Staff Regulations
together with interest for late payment;

— order the defendant to pay the applicant 10 000 EUR in
damages or any other amount, even greater,
the
Court may decide is equitable in compensation for the
non-material damage sustained;

that

— order the defendant to pay the costs.

— order the defendant to pay the costs, expenses and fees.