Case T-324/04: Action brought on 6 August 2004 by F against the Commission of the European Communities
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), allowances and expenses, indemnification, redemption

C 300/42

EN

Official Journal of the European Union

4.12.2004

Action brought on 6 August 2004 by F against

the

Pleas in law and main arguments:

Commission of the European Communities

(Case T-324/04)

(2004/C 300/83)

(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 August 2004 by F, residing in
Rhode St Genèse (Belgium),
represented by Eric Boigelot,
lawyer.

The applicant claims that the Court should:

— annul the decision of 8 January 2004 of the PMO2 (Office
for the Administration and Payment of Individual Entitle-
ments - Wages and salaries, expenses for business travel,
experts) laying down detailed arrangements for an initial
recovery of undue payments received by the applicant;

— annul the decision of 18 November 2003 of the PMO1
(Office for the Administration and Payment of Individual
Entitlements – Administration of individual pecuniary enti-
tlements) cancelling the expatriation allowance previously
paid to the applicant;

— annul the decision of the PMO2 of 9 February laying down
detailed arrangements for the recovery of undue payments
received by the applicant;

— annul the decision of the appointing authority of 2 July
2004 served on the applicant on 7 July 2004 replying to
the complaint lodged by the applicant;

— annul any measure resulting from or relating to those deci-

sions taken after the lodging of this action;

— order the reimbursement of all sums which have been or
will be deducted from the salary of the applicant from
February 2004 onwards with interest at 5.25 % from the
date of the lodging of the complaint;

— grant

loss
the applicant compensation for non-material
assessed ex aequo et bono at EUR 3 000 by way of
damages, without prejudice to any increase during the
proceedings;

— order the defendant to pay the costs in any event, including
the fees of counsel consulted by the applicant in order to
bring the action.

The applicant took up his duties with the Commission on 16
September 1987. Having initially worked in Luxembourg, he
has worked in Brussels since 1 April 1989. The applicant
received the expatriation allowance both in Luxembourg and in
Brussels.

By the contested decisions the Commission cancelled that
allowance with effect from the applicant's transfer to Brussels,
having become aware that the applicant had lived and worked
in Brussels during the reference period, that is to say, from 16
March 1982 to 15 March 1987. The Commission also laid
down the arrangements for
the undue
payments received by the applicant.

the repayment of

In support of his application the applicant pleads the infringe-
ment of Articles 69 and 85 of the Staff Regulations, of Article
4 of Annex VII to the Staff Regulations and of the principles of
good administration, the protection of legitimate expectations
and equal treatment. He also pleads breach of the duty to have
regard for the welfare of officials and manifest errors of assess-
ment. On that point, the applicant first points out that, during
the reference period, he worked for a foreign professional orga-
nisation of steel companies. According to the applicant, that
organisation should be considered to be an international orga-
the period during which he was
nisation and,
working there should not be taken into account. The applicant
also argues that, in any event, for most of the reference period
he was not in Brussels on a permanent basis as his economic
activities at that time were concentrated abroad.

therefore,

Action brought on 11 August 2004 by House of Donuts
International against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-333/04)

(2004/C 300/84)

(Language in which the application was lodged: English)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 11
August 2004 by House of Donuts International, George Town,
Grand Cayman (British West Indies) represented by N. Decker,
lawyer with an address for service in Luxembourg.