Case F-79/07: Action brought on 31 July 2007 — Braun-Neumann v Parliament
Date: 2007-10-06
Institutions: Civil Service Tribunal
Subjects: European Parliament, action by staff, divorced person, married person, survivor's benefit

6.10.2007

EN

Official Journal of the European Union

C 235/31

Pleas in law and main arguments

The applicant, a retired official of the European Communities,
has a dependent daughter who needs a wheelchair on account
of her paraplegia. The applicant submits that the wheelchair can
no longer be used since it has broken due to wear. The applicant
sought reimbursement of the cost of a new wheelchair, which
the Commission refused.

The applicant asserts that its rights under Articles 72 and 110
of the Staff Regulations of the European Communities, read in
conjunction with Section XII(F)(4) of Annex I to the Joint Rules
on sickness insurance for officials of the European Commu-
nities, were infringed.

Action brought on 31 July 2007 — Braun-Neumann v
Parliament

(Case F-79/07)

(2007/C 235/57)

Language of the case: German

marriage was not
recognised by the Bayerisches Oberstes
Landesgericht in its decision of 11 October 1999. The applicant
states that he is therefore the sole ‘surviving spouse’, since the
second marriage of the deceased to Mr Wolfgang Mandt was
not legally valid.

Action brought on 3 August 2007 — Economidis v
Commission

(Case F-80/07)

(2007/C 235/58)

Language of the case: French

Parties

Applicant:
Ioannis Economidis
(represented by: S. Orlandi,
E. Marchal, lawyers)

(Woluwé-St-Étienne, Belgium)
J.-N. Louis, A. Coolen and

Defendant: Commission of the European Communities

Parties

Applicant: Kurt-Wolfgang Braun-Neumann (Merzig, Germany)
(represented by: P. Ames, lawyer)

Form of order sought

Defendant: European Parliament

Form of order sought

— order the defendant

to pay with retroactive effect

from
1 August 2004 the other half of the survivor's pension in
right of his wife Gisela Mandt, née Neumann, who died on
25 July 2004, in the monthly sum of EUR 1 670,84 plus
interest at the rate applied by the European Central Bank on
the marginal lending facility, increased by 3 %;

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The European Parliament undertook to pay the applicant 50 %
of the survivor's pension in his capacity as widower of Ms Gisela
Mandt, née Neumann. The applicant seeks payment of the survi-
vor's pension in full.

is directed against the European Parliament's
The complaint
decision to recognise the second marriage of the deceased, even
though the decree of divorce of
the Tribunal de première
instance de Namur of 6 September 1995 in relation to the first

— annul the decision reorganising the directorate-general for
RTD inasmuch as that decision fills, in particular, the posts
of head of unit for F.1 ‘Horizontal aspects and coordination’
and for F.5 ‘Health biotechnology’;

— order the defendant to pay the costs.

Pleas in law and main arguments

In October 2006, the Commission, in the context of a reorgani-
sation of DG RTD, appointed Mr H and Mr X as heads of unit
for F.1 and F.5 respectively. By judgment of 14 December 2006
in Case F-122/05 Economidis v Commission (1), the Civil Service
Tribunal annulled the Commission decision of 23 December
2004, appointing Mr H to the post of Head of Unit ‘Health
biotechnology’, one of the units of the same DG before the reor-
ganisation.

In support of his action, the applicant relies first on an infringe-
ment of Article 233 EC, in that the Commission, by virtue of
the reorganisation of the DG, maintains that it is not possible to
execute the judgment of 14 December 2006. According to the
the decision of 23 December 2004 having been
applicant,
annulled, Mr H cannot be reemployed in the post of Head of
Unit
the DG
concerned.

in the framework of

the reorganisation of