Case F-62/06: Judgment of the Civil Service Tribunal (First Chamber) of 13 February 2007 — Guarneri v Commission (Officials — Remuneration — Family allowances — Dependent child allowance — Rule against overlapping allowances applicable to national allowances)
Date: 2007-03-24
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, regulations for civil servants, survivor's benefit, widowed person

C 69/30

EN

Official Journal of the European Union

24.3.2007

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (First Chamber) of
13 February 2007 — Guarneri v Commission

Action brought on 29 January 2007 — Angioi v Commis-
sion

(Case F-62/06) (1)

(Officials — Remuneration — Family allowances — Depen-
dent child allowance — Rule against overlapping allowances
applicable to national allowances)

(Case F-7/07)

(2007/C 69/61)

Language of the case: French

(2007/C 69/60)

Language of the case: French

Parties

Parties

Applicant: Daniela Guarneri
(represented by: E. Boigelot, lawyer)

(Woluwe-Saint-Étienne, Belgium)

Applicant: Marie-Thérèse Angioi
sented by: M.-A. Lucas, lawyer)

(Valenciennes, France)

(repre-

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities (repre-
sented by: J. Curall and D. Martin, Agents)

Form of order sought

Re:

Annulment of the Commission's decision of 5 August 2005
applying the rule against overlapping allowances laid down in
Article 67(2) of the Staff Regulations to the deduction of the
Belgian orphans' pension from the family allowance received by
the applicant and also annulment of the Appointing Authority's
decision of 14 February 2006 rejecting the
applicant's
complaint against the contested decision.

Operative part of the judgment

The Tribunal:

1. Annuls the decision of the Commission of the European Commu-
nities of 5 August 2005 in so far as it deducts the amount of the
from the
Belgian orphans' pension received by Mme Guarneri
family allowance paid to her;

2. Dismisses the remainder of the application;

3. Orders the Commission of the European Communities to pay the

costs;

4. Orders the Council of the European Union to bear its own costs.

(1) OJ C 165, 15.7.2006, p. 35.

— annul the decision of 14 February 2006 of the European
Personnel Selection Office (EPSO)
laying down the appli-
cant's results in the pre-selection tests for contract agents
EU 25;

— annul

the decision of EPSO and/or of

the Selection
Committee not to register the applicant in the data base of
candidates who had passed the pre-selection tests;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant puts forward three pleas in law in support of her
action.

By her first plea, the applicant claims that the Call for expression
of interest published by EPSO on 20 June 2005 is contrary to
Article 12(1) EC and Article 82(1) and (3)(e) of the Conditions
of Employment of Other Servants. It criticises in particular the
fact that the Call for expression of interest defined the candi-
dates' main language as that of their nationality (or, in the case
of countries with more than one official language, the language
of their compulsory education) and provided for pre-selection
tests to be held, for each candidate, in a language other than
their main language and for a choice to be made between
English, French and German. Those provisions meant that candi-
dates, first, were prevented from declaring as their principal
language another Community language of which they had thor-
ough knowledge without however having the corresponding
nationality and, second, were obliged to take the tests in one of
the three aforementioned languages. The system gives rise to
differential
treatment based on nationality which cannot be
objectively justified by the requirements of the functions to be
performed.