Case F-8/06: Action brought on  3 February 2006  — Tolios and Others v Court of Auditors
Date: 2006-03-25
Institutions: Civil Service Tribunal
Subjects: European Court of Auditors, European official, action by staff, pension scheme, regulations for civil servants, residence

25.3.2006

EN

Official Journal of the European Union

C 74/35

The applicant subsequently adds that the Commission officials
who spread and even included in an inquiry report false infor-
mation about her occupational
illness were guilty of serious
misconduct. That misconduct leads to liability on the part of
the defendant, who should therefore pay compensation for the
material and non-material damage suffered by the applicant.

servants of the European Communities (1),
in so far as that
regime is based on new ‘pension’ weightings which are no
longer calculated by reference to the capital but according to
the average cost of living in the Member State in which the
pensioner shows that he has established his principal residence.

Action brought on 3 February 2006 — Tolios and Others
v Court of Auditors

(Case F-8/06)

(2006/C 74/68)

Language of the case: French

In support of their claims, the applicants maintain, first of all,
that the regulation is based on incorrect reasoning, in so far as
neither
the Community, nor
freedom of movement and residence, nor the difficulty in
monitoring the actual place of residence of pensioners can
serve as a basis for the transitional regime in question.

the deepened integration of

The applicants further maintain that there has been a breach in
the present case of the principles of equal treatment,
legal
certainty, the retroactivity of acquired rights and the protection
of legitimate expectations.

(1) OJEU 2004 L 124 of 27.04.2004, p. 1.

Parties

Applicants: Iraklis Tolios (Paris, France), François Muller (Stras-
bourg, France) and Odette Perron (La Rochelle, France) (repre-
sented by: G. Vandersanden and L. Levi, lawyers)

Defendant: Court of Auditors

Action brought on 30 January 2006 — Canteiro Lopez v
Commission

(Case F-9/06)

(2006/C 74/69)

Form of order sought

Language of the case: French

The applicants claim that the Court should:

— declare the action admissible and well founded, including

the objection of illegality contained therein;

Parties

— in consequence, annul

the applicants' pension slips for
March 2005,
the effect of which will be to apply a
weighting at the level of the capital of their country of resi-
the very least, a weighting capable of
dence or, at
adequately reflecting the differences in the cost of living in
the places where the applicants are deemed to incur their
expenditure and therefore consistent with the principle of
equivalence;

— order the defendant to pay the costs.

Applicant: Rui Canteiro Lopez (Lisbon, Portugal) and Others
(represented by: S. Orlandi, A. Coolen, J.-N. Louis, E. Marchal,
lawyers)

Defendant: Commission of the European Communities

Form of order sought

Pleas in law and main arguments

The applicant claims that the Court should:

The applicants in the present case are all officials who retired
before 1 May 2004. They contest the transitional regime put in
place, pending the abolition of weightings, by Council Regu-
lation (EC, Euratom) No 723/2004 of 22 March 2004
amending the Staff Regulations of officials of the European
Communities and the Conditions of Employment of other

— Annul the decision of the Appointing Authority of 13
October 2005 not to add the applicant's name to the list of
to
officials judged to be the most deserving and not
promote him to Grade A4 in the 2000 promotion exercise.

— Order the defendant to pay the costs.