Judgment of the Court of First Instance of 25 May 2004 in Case T-69/03: W v European Parliament (Officials — Resettlement allowance — Definition of residence — Evidence)
Date: 2004-08-07
Institutions: Court of First Instance
Subjects: European Parliament, European official, action for annulment (EU), indemnification, pension scheme, regulations for civil servants

C 201/16

EN

Official Journal of the European Union

7.8.2004

COURT OF FIRST INSTANCE

Assignment of Judges to Chambers

(2004/C 201/34)

refusing to grant the applicant a resettlement allowance — the
Court of First Instance, composed of J.D. Cooke, single judge; I.
Natsinas, administrator, for the Registrar, gave a judgment on
25 May 2004, in which it:

The Court of First Instance decided, at its Plenary Meeting on 8
following the entry into office as Judge of Ms
July 2004,
Trstenjak, to amend the decision of the Plenary Meeting of 2
July 2003 on the assignment of Judges to Chambers as follows:

The following are appointed for the period from 8 July 2004
to 31 August 2004

1. Dismisses the application.

2. Orders the parties to bear their own costs.

(1) OJ C 101 of 26.4.2003.

to the First Chamber, sitting with three Judges:

Mr Vesterdorf, President, Mr Mengozzi, Ms Martins Ribeiro, Ms
Labucka and Ms Trstenjak, Judges;

to the First Chamber, Extended Composition, sitting with five Judges:

Mr Vesterdorf, President, Mr Mengozzi, Ms Martins Ribeiro, Ms
Labucka and Ms Trstenjak Judges;

With regard to cases in which the written procedure was
completed and a hearing for the oral procedure held or fixed
before 8 July 2004,
the First Chamber, sitting with three
judges, and the First Chamber, Extended Composition, sitting
with five judges, shall continue to sit with the same composi-
tion as before for the oral procedure, the deliberations and the
judgment.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 25 May 2004

in Case T-69/03: W v European Parliament (1)

(Officials — Resettlement allowance — Definition of resi-
dence — Evidence)

(2004/C 201/35)

(Language of the case: French)

In Case T-69/03: W., a former official of the European Parlia-
ment, residing in Folkestone (United Kingdom), represented by
P Goergen, lawyer, against the European Parliament (Agents: J.
de Wachter and L. Knudsen) — application for annulment of
the European Parliament of 3 June 2002
the decision of

Action brought on 13 May 2004 by Asklepios Kliniken
the Commission of
European
GmbH against
Communities

the

(Case T-167/04)

(2004/C 201/36)

(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 13 May 2004 by Asklepios Kliniken
GmbH, Königstein-Falkenstein (Germany), represented by K.
Füßer, lawyer.

The applicant claims that the Court should:

— declare that, by failing to take any decision pursuant to
Article 4(2), (3) or (4) of Regulation (EC) No 659/1999 in
response to the applicant's letter of complaint of 20
January 2003, the Commission is in breach of its obliga-
tions under Article 88 EC and Article 10(1) and Article
13(1) of Regluation (EC) No 659/1999.

Pleas in law and main arguments:

The applicant
is a company which specialises in hospital
management. It is incorporated under private law and is owned
exclusively by private interests. Since January 2003, it has been
endeavouring to obtain a decision from the Commission under
Article 4(2), (3) or (4) of Regluation (EC) No 659/1999 in rela-
tion to alleged aid in favour of publicly-owned hospitals in the
Federal Republic of Germany.