Judgment of the Court of First Instance of 21 April 2004 in Case T-313/01: R v Commission of the European Communities (Officials — Social security — Refusal of prior authorisation of a surgical procedure — Refusal on the ground of the exclusively cosmetic nature attributed by the administration to the operation — Infringement of the provisions of the Community rules)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), health insurance, regulations for civil servants, surgery

C 118/36

EN

Official Journal of the European Union

30.4.2004

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

(First Chamber)

of 21 April 2004

in Case T-172/01 M v Court of Justice of the European
Communities (1)

(Spouse divorced from a former member of a Community
institution, since deceased — Maintenance — Verbal agree-
ment between the former spouses — Law applicable to the
formal requirements for the agreement and the admissibility
of the means of proving its existence (Article 27 of Annex
VIII to the Staff Regulations of the European Communities))

(2004/C 118/75)

(Language of the case: French)

In Case T-172/01, M, resident in Athens (Greece), represented
by G. Vandersanden and H. Tagaras, lawyers, against the Court
of Justice of the European Communities (Agent: M. Schauss,
assisted by T Papazissi) – application for annulment of the
refusal to grant a survivor's pension based on the service of her
ex-husband – the Court of First
Instance (First Chamber),
composed of: A.W.H. Meij, President, and N.J. Forwood and H.
Legal,
I Natsinas, gave a judgment on 21
Judges; Registrar:
April 2004, in which it:

1. rejected the application; and

European Communities (Agents: J. Currall and L. Lozano Pala-
cios, assisted by P. Anestis,
lawyer) – application for, first,
annulment of the refusal of prior authorisation of a surgical
procedure and, secondly, reimbursement of the costs of the
operation at
Instance (Fourth
Chamber), composed of H. Legal, President, and V. Tiili and M.
Vilaras, Judges; I. Natsinas (Administrator), Registrar, has given
a judgment on 21 April 2004, in which it:

issue – the Court of First

1. Annuls the decision of 22 May 2001 rejecting the application for

prior authorisation submitted by the applicant;

2. Orders the Commission to reimburse the applicant 85 % of the
cost of the surgical procedure as set out by the applicant's surgeon
in his prescription of 16 May 2001;

3. Orders the parties to determine by agreement the amount to be
reimbursed to the applicant for the costs of the operation under-
gone according to the terms of the prescription and inform the
Court of the agreed amount within a period of three months from
the delivery of this judgment;

4. Orders the parties, in the absence of agreement, to submit to the
Court, within a period of three months from the delivery of this
judgment, the figures they propose in respect of the amount to be
reimbursed; and

5. Reserves the costs, including those incurred for the purposes of the

expert medical report.

2. ordered each party to bear its own costs.

(1) OJ C 44 of 16. 2. 2002.

(1) OJ C 317, 10.11.2001

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 April 2004

in Case T-313/01: R v Commission of

the European

Communities (1)

(Officials — Social security — Refusal of prior authorisation
of a surgical procedure — Refusal on the ground of the
exclusively cosmetic nature attributed by the administration
to the operation — Infringement of the provisions of the
Community rules)

(2004/C 118/76)

(Language of the case: Greek)

In Case T-313/01: R, a Commission official residing in Brussels,
represented by C. Tagaras, lawyer, against Commission of the

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 March 2004

in Case T-10/02, Marie-Claude Girardot v Commission of
the European Communities (1)

(Staff case — Article 29(1) of the Staff Regulations —
Permanent post remunerated on research and investment
credits — Temporary agent within the meaning of Article
2(d) of the CEOS — Rejection of application — No compara-
tive examination of merits — Interim judgment)

(2004/C 118/77)

(Language of the case: French)

In Case T-10/02, Marie-Claude Girardot resident in L'Hay-les-
Roses (France), represented by N. Lhoest,
lawyer, with an
address for service in Luxembourg, v Commission of the Euro-
pean Communities (Agents: F. Clotuche-Cuvieusart and L.