Case T-205/02: Judgment of the Court of First Instance of  25 October 2005  — Salvador García v Commission (Officials — Remuneration — Expatriation allowance — Article 4(1)(a) of Annex VII to the Staff Regulations — Work done for another State or for an international organisation — Meaning of  habitually reside  — Statement of reasons)
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: European official, action for annulment (EU), equal treatment, indemnification, regulations for civil servants

C 330/16

EN

Official Journal of the European Union

24.12.2005

Defendant(s): Commission of the European Communities (repre-
sented by: K.-D. Borchardt and V. Kreuschitz, Agents, assisted
by C. Koenig)

Defendant(s): Commission of the European Communities (repre-
sented by: A. Bouquet and W. Wils, Agents)

in support of

Intervener(s)
Germany (represented by: W.-D. Plessing and T.
Agents, assisted by R. Bierwagen, lawyer)

the applicant(s): Federal Republic of
Jürgensen,

in support of

the defendant(s): ODS Optical Disc
Intervener(s)
Service GmbH (Hamburg, Germany) (represented by: I. Brinker
and U. Soltész, lawyers)

Application for

annulment of Commission Decision 2003/569/EC of 5
December 2001 relating to a proceeding under Article 81 of
the EC Treaty (Case IV/37.614/F3 PO/Interbrew and Alken-
Maes) (OJ 2003 L 200, p. 1) and, as a subsidiary plea, a reduc-
tion in the fine imposed on the applicant under Article 2 of
that decision.

Application for

annulment of Commission Decision 2000/796/EC of 21 June
2000 on State aid granted by Germany to CDA Compact Disc
Albrechts GmbH, Thuringia (OJ 2000 L 318, p. 62).

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Sets

the amount of

the

fine

imposed on the applicant at

EUR 42,4125 million;

2. Dismisses the remainder of the action;

1. Annuls Article 2(3) of Commission Decision 2000/796/EC of
21 June 2000 on State aid granted by Germany to CDA
Compact Disc Albrechts GmbH, Thuringia;

3. Orders the applicant to bear its own costs and three-quarters of
those incurred by the Commission. The Commission shall bear a
quarter of its own costs.

2. Declares that there is no longer any need to adjudicate on the

remainder of the action for annulment;

(1) OJ C 97, 20.4.2002.

3. Orders the Commission to bear its own costs and the costs of
CDA Datenträger Albrechts GmbH. The Federal Republic of
Germany and ODS Optical Disc Service GmbH are to bear their
own costs.

(1) OJ 2000 C 355.

Judgment of the Court of First Instance of 25 October
2005 — Salvador García v Commission

Judgment of the Court of First Instance of 25 October
2005 — Groupe Danone v Commission

(Case T-38/02) (1)

(Competition — Agreements and concreted practices — Fines
— Guidelines for the calculation of the amount of fines —
Communication on cooperation)

(Case T-205/02) (1)

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations —
Work done for another State or for an international organi-
sation — Meaning of ‘habitually reside’ — Statement of
reasons)

(2005/C 330/41)

Language of the case: Spanish

(2005/C 330/40)

Language of the case: French

Parties

Parties

Applicant(s): Groupe Danone (Paris, France) (represented by: A.
Winckler and M. Waha, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall, Agent, assisted by J. Rivas Andrés and J.
Gutiérrez Gisbert, lawyers)

Applicant(s): Beatriz Salvador García (Brussels, Belgium) (repre-
sented by: J. García-Gallardo Gil-Fournier, J. Guillem Carrau, D.
Domínguez Pérez and A. Sayagués Torres, lawyers)

24.12.2005

EN

Official Journal of the European Union

C 330/17

Application for

Annulment of the Commission's decision of 27 March 2002
refusing to grant the applicant entitlement to the expatriation
allowance provided for in Article 4 of Annex VII to the Staff
Regulations of Officials of the European Communities and the
allowances associated therewith.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the parties to bear their own costs.

(1) OJ C 219, 14.9.2002

Judgment of the Court of First Instance of 25 October
2005 — Herrero Romeu v Commission

(Case T-298/02) (1)

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations —
Work done for another State — Meaning of habitual resi-
dence — Statement of grounds — Principle of equal treat-
ment)

(2005/C 330/42)

Language of the case: Spanish

Parties

Applicant(s): Anna Herrero Romeu (Brussels, Belgium) (repre-
sented by: J. García-Gallardo Gil-Fournier, J. Guillem Carrau, D.
Domínguez Pérez and A. Sayagués Torres, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by:
J. Currall, Agent, and by J. Rivas-Andrés and J.
Gutiérrez Gisbert, lawyers)

Application for

annulment of the Commission's decision of 10 June 2002
refusing to pay the applicant the expatriation allowance under
Article 4 of Annex VII to the Staff Regulations of Officials of
the European Communities and the allowances associated
therewith

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the parties to bear their own costs.

(1) OJ C 289, 23.11.2002.

Judgment of the Court of First Instance of 25 October
2005 — Dedeu i Fontcuberta v Commission

(Case T-299/02) (1)

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations —
Work done for another State — Meaning of habitual resi-
dence)

(2005/C 330/43)

Language of the case: Spanish

Parties

Applicant(s): Carles Dedeu i Fontcuberta (Brussels, Belgium)
(represented by:
J. Guillem
Carrau, D. Domínguez Pérez and A. Sayagués Torres, lawyers)

J. García-Gallardo Gil-Fournier,

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall, Agent, assisted by J. Rivas Andrés and J.
Gutiérrez Gisbert, lawyers)

Application for

annulment of the Commission's implied decision, rejecting the
applicant's complaint of 23 September 2002, and its express
decision to that effect of 14 November 2002, which refuse to
pay the applicant the expatriation allowance under Article 4 of
Annex VII to the Staff Regulations of Officials of the European
Communities and the allowances associated therewith

Operative part of the judgment

The Court:

1) Annuls the Commission's memorandum of 25 February 2002
and the Commission's decision of 14 November 2002 in so far
as they refuse to pay the applicant the expatriation allowance
under Article 4(1)(a) of Annex VII to the Staff Regulations of
Officials of the European Communities and the daily subsistence
allowance under Article 5(1) of that annex;

2) Dismisses the remainder of the application;

3) Orders the Commission to pay the full costs.

(1) OJ C 289 of 23.11.2002.