Case T-134/05: Action brought on 26 March 2005 by the Kingdom of Belgium against the Commission of the European Communities
Date: 2005-05-28
Institutions: Court of First Instance
Subjects: Belgium, European Commission, European Social Fund, action for annulment (EU), redemption

28.5.2005

EN

Official Journal of the European Union

C 132/33

Action brought on 26 March 2005 by the Kingdom of
Belgium against the Commission of the European Commu-
nities

that those specific rules do not provide for the imposition of
default interest in respect of ESF action decided on before 6
July 1990 and, therefore, the Commission cannot claim default
interest on the claims in question.

(Case T-134/05)

(2005/C 132/59)

(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 26 March 2005 by the Kingdom of
Belgium,
represented by Jean-Pierre Buyle and Christophe
Steyaert, lawyers.

The applicant claims that the Court should:

— annul the decision of the Commission of 19 January 2005,
insofar as it states that ‘former ESF claims’ are not time-
barred and, where appropriate, insofar as it states that such
claims give rise to default interest calculated on the basis of
Article 86 of Regulation No 2342/2202/EC;

— order the Commission to pay the costs.

Action brought on 29 March 2005 by Franco Campoli
against the Commission of the European Communities

(Case T-135/05)

(2005/C 132/60)

(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 29 March 2005 by Franco Campoli,
residing in London, represented by Stéphane Rodrigues and
Alice Jaume,
lawyers, with an address for service in Luxem-
bourg.

Pleas in law and main arguments

The applicant claims that the Court should:

From 1987 to 1992 the Commission asked the applicant to
repay certain sums paid out of the European Social Fund (ESF)
and transferred by the Commission directly to various Belgian
bodies acting as promoters but not used by them in accordance
with the rules relating to the ESF.

In 2004 the Commission set off certain sums payable by the
applicant by virtue of its former claims against claims the appli-
cant had against the Commission. Following that setting off,
the applicant sent several letters to the Commission to which
the Commission replied by the contested decision, stating that
the former claims were not time-barred, contrary to the conten-
tion of the applicant.

In support of its application the applicant submits that the
claims at issue are time-barred pursuant to Article 3.1 of Regu-
lation No 2988/95/EC or, in the alternative, pursuant to the
provisions of Belgian law, applicable here pursuant to Article
2.4 of Regulation No 2988/95/EC.

The applicant also disputes the charging by the Commission of
default interest. According to the applicant there are specific
rules on the subject, namely in Regulation No 1865/90/EEC
and Regulation No 448/2001/EC, derogating from Article 86
of 2342/2002/EC which is relied on by the Commission to
justify the imposition of default interest. The applicant submits

— annul

the decision of

taken together with,

the appointing authority of 13
December 2004 rejecting the complaint
lodged by the
applicant on the basis of Article 90(2) of the Staff Regula-
tions,
the
appointing authority challenged in that complaint, which
amended on 1 May 2004 the weighting, household allow-
ance and standard educational allowance applicable to the
the applicant's
applicant's pension, and also,
payslips in that they apply that decision from May 2004;

the decision of

second,

first,

— order the Commission to pay the costs.

Pleas in law and main arguments

In the present case, the applicant seeks, in substance, the appli-
cation of the weighting applicable to his pension before 1 May
2004, with retroactive effect to 1 May 2004.

In that regard, the applicant observes that, with the aim of
covering the transition between the old and new weighting
systems following the amendment of the system of Staff Regu-
lations governing the European civil service, Article 20(2) of
Annex XIII to the Staff Regulations provides for a transitional
period of five years, from 1 May 2004 to 1 May 2009, during
which the weighting is to be gradually reduced.