Case T-93/04: Actionbrought on 4 March 2004 by Theodoros Kallianosagainst Commission of the European Communities
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European official, action for annulment (EU), divorced person, matrimonial law, parental responsibility

C 106/80

EN

Official Journal of the European Union

30.4.2004

Action brought on 3 March 2004 by Alexander Just
against the Commission of the European Communities

Kallianos, residing in Kraainem (Brussels), represented by Guy
Archambeau,
lawyer, with an address for service in Luxem-
bourg.

(Case T-91/04)

(2004/C 106/156)

(Language of the case: German)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 3 March 2004 by Alexander Just,
residing in Hoeilaart (Belgium), represented by G. Leibitsch,
lawyer.

The applicant claims that the Court should:

— declare void and annul the decision of the selection board
of open competition COM/A/2/02 of 22 April 2003 by
which the applicant was refused admission to the next
stage of the selection procedure on the basis of the results
of the preliminary test;

— declare void and annul the decision of the selection board
of the appointing authority of 25 November 2003 on the
applicant's complaint of 11 July 2003 under Article 90(2)
of the Staff Regulations;

— order the defendant to pay the costs.

Pleas in law and main arguments

took part

The applicant
in the tests for open competition
COM/A/2/02 to constitute a reserve of assistant administrators
in the field of ‘environment’. He was informed by the selection
board that the result he had obtained in all the tests was insuffi-
cient to admit him to the next stage of the selection procedure.
In support of his action the applicant submits that some of the
questions in test ‘a)’ were incorrect. If those questions had been
annulled,
the applicant would have achieved the necessary
marks for admission to the next stage.

Action brought on 4 March 2004 by Theodoros Kallianos
against Commission of the European Communities

(Case T-93/04)

(2004/C 106/157)

(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 4 March 2004 by Theodoros

The applicant claims that the Court should:

— annul

the decision of

the appointing authority of 2
December 2003 replying to the complaint brought by Mr
Kallianos under No R/335/03 of 2 July 2003;

— call on the Commission to repay to Mr Kallianos the whole
of the pay and amounts withheld which it applied without
being entitled to do so in respect of the remuneration
payable to Mr Kallianos from the date on which he was
granted a divorce by judgment No 2179/1999 of the Court
including
Instance, Athens, of 8 March 1999,
of First
indexation of the amount overpaid in aliment on the unilat-
eral decision of 18 September 2002 adopted by the
Commission (PMO –department concerned with salaries) or
at the very least from judgment No 203/2003 delivered by
the Court of Cassation of Greece on 7 February 2003 and
of which it was aware;

— order the Commission to pay to the applicant 20 % of the
abovementioned amount by way of damages for the mate-
rial and non-material damage suffered, including the legal
costs incurred;

— order the Commission to pay the costs of effecting service
including the costs of translation of the Greek judgments
into French, documents which were in any event made
available to the Commission in good time, amounting to
EUR 1 500;

— order the Commission to pay the costs of these proceedings

and for the expenditure incurred.

Pleas in law and main arguments

is an official working at

The applicant
the Commission.
Following an order of the Court of First Instance, Brussels,
fixing maintenance payments payable to the applicant's spouse,
the applicant's
the Commission began to withhold part of
salary. By his application,
is challenging the
amount withheld alleging error of law and of fact, absence of
an enforcement order
those
amounts and infringement of Regulation No 1347/2000 (1).

justifying the withholding of

the applicant

(1) Council Regulation (EC) No 1347/2000 of 29 May 2000 on juris-
diction and the recognition and enforcement of judgments in matri-
monial matters and in matters of parental responsibility for children
of both spouses Official Journal L 160, 30/06/2000 p. 19.