Judgment of the Court of First Instance of 21 October 2003 in Case T-302/01: Gerhard Birkhoff v Commission of the European Communities (Officials — Article 2(5) of Annex VII to the Staff Regulations — Cancellation of an allowance for dependent child who has reached majority — Legitimate expectations)
Date: 2004-01-10
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), family benefit, fraud against the EU, redemption

C 7/32

EN

Official Journal of the European Union

10.1.2004

3. Orders the Commission to bear its own costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ C 3 of 5.1.2002.

of 21 October 2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 October 2003

in Case T-279/01: Giorgio Lebedef v Commission of the
European Communities (1)

(Officials — Staff report — Late preparation — Action for
compensation)

(2004/C 7/57)

(Language of the case: French)

first,

for annulment of

In Case T-279/01: Giorgio Lebedef, an official of the Com-
mission of the European Communities, residing in Senninger-
berg (Luxembourg), represented by G. Bouneou and F. Frabetti,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: J. Currall)
— application,
the Commission’s
decisions partially rejecting the applicant’s complaints seeking
damages to compensate him for the non-material damage
caused by the delay in the preparation of the staff reports
concerning him for the periods 1995/1997 and 1997/1999
and, secondly, for damages to compensate him for that non-
material damage — the Court of First Instance (Single Judge:
V. Tiili); I. Natsinas, Administrator, for the Registrar, has given
a judgment on 23 October 2002, in which it:

1. Orders the Commission to pay the applicant

the sum of
EUR 1 500, in addition to the sum of EUR 619,73 already
awarded by the Appointing Authority.

2. Dismisses the remainder of the action.

3. Orders the Commission to pay the costs.

in Case T-302/01: Gerhard Birkhoff v Commission of the
European Communities (1)

(Officials — Article 2(5) of Annex VII to the Staff Regu-
lations — Cancellation of an allowance for dependent child
who has reached majority — Legitimate expectations)

(2004/C 7/58)

(Language of the case: Italian)

In Case T-302/01: Gerhard Birkhoff, former official of the
Commission of
the European Communities, now retired,
residing in Weitnau (Germany), represented by V. Salvatore,
lawyer, against Commission of the European Communities
(Agents: J. Currall and A. Dal Ferro) — first, an application for
annulment of the decision of the appointing authority of
26 September 2001 rejecting the complaint brought by the
applicant against the decision of the Commission of 4 July
2001 by which it cancelled payment to the applicant of the
dependent child allowance in respect of his daughter and of
the decision of 4 July 2001 and, secondly, a claim for
compensation for material and non-material damage — the
Court of First
Instance (Second Chamber), composed of
N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
H. Jung, Registrar, gave a judgment on 21 October 2003, in
which it:

1. Annuls the decision of

the Commission of 4 July 2001
cancelling, with effect from 1 July 2001, payment of the
dependent child allowance in respect of the applicant’s daughter
who has reached majority.

2.

Finds that there is no need to adjudicate on the claim for
compensation for the damage arising from the loss of cover in
respect of the applicant’s daughter by the EC Sickness Insurance
Fund, nor on the part of the claim seeking compensation for the
tax consequences of the contested decision.

3. Dismisses the remainder of the claim for compensation.

4. Orders the Commission to pay two-thirds of the applicant’s
costs, including those incurred in the proceedings for interim
relief in the present case.

(1) OJ C 3 of 5.1.2002.

(1) OJ C 44 of 16.2.2002.