Case C-135/06 P: Judgment of the Court (Second Chamber) of 18 December 2007 — Roderich Weißenfels v European Parliament (Appeal — Remuneration — Dependent child allowance — Deduction of the amount of an allowance of like nature paid from other sources — Unlimited jurisdiction — Disputes of a financial character)
Date: 2007-12-18
Institutions: Court of Justice
Subjects: European official, General Court (EU), action for annulment (EU), child, disabled person, family benefit

23.2.2008

EN

Official Journal of the European Union

C 51/13

Judgment of the Court (Second Chamber) of 18 December
2007 — Roderich Weißenfels v European Parliament

(Case C-135/06 P) (1)

Judgment of the Court (Grand Chamber) of 11 December
2007 (Reference for a preliminary ruling from the Krajský
soud v Ostravě — Czech Republic) — Skoma-Lux sro v
Celní ředitelství Olomouc

(Appeal — Remuneration — Dependent child allowance —
Deduction of the amount of an allowance of like nature paid
from other sources — Unlimited jurisdiction — Disputes of a
financial character)

(2008/C 51/20)

Language of the case: German

(Case C-161/06) (1)

(Act concerning the conditions of accession to the European
Union — Article 58 — Community legislation — No transla-
tion into the language of a Member State — Enforceability)

(2008/C 51/21)

Language of the case: Czech

Parties

Appellant: Roderich Weißenfels (represented by: G. Maximini,
Rechtsanwalt)

Referring court

Other party to the proceedings: European Parliament (represented
by: L.G. Knudsen, M. Ecker and U. Rösslein, Agents)

Krajský soud v Ostravě

Re:

Appeal brought against the judgment of
the Court of First
Instance (First Chamber) of 25 January 2006 in Case T-33/04
Roderich Weißenfels v Parliament, whereby the Court of First
Instance dismissed the appellant's application for annulment of
the decision of the Parliament of 26 June 2003 deducting from
the sum of the double dependent child allowance, granted to
the appellant under Article 67(3) of the Staff Regulations of offi-
cials of the European Communities, the amount of an allowance
of like nature received from another source — Conditions for
the application of the rule against overlapping referred to in
Article 67(2) of the Staff Regulations — meaning of ‘allowances
of like nature’

Operative part of the judgment

The Court:

1. Sets aside the judgment of

the
European Communities of 25 January 2006 in Case T-33/04
Roderich Weißenfels v European Parliament.

the Court of First

Instance of

2. Annuls the decisions of the European Parliament of 26 June 2003

and 28 April 2004.

3. Orders the European Parliament

to pay to Mr Weißenfels the
arrears of dependent child allowances which he should have received
as from 1 July 2003, together with interest at the statutory rate.

4. Orders the European Parliament to bear its own costs and to pay
the costs incurred by Mr Weißenfels before the Court of First
Instance of the European Communities and the Court of Justice of
the European Communties.

(1) OJ C 108, 6.5.2006.

Parties to the main proceedings

Applicant: Skoma-Lux sro

Defendant: Celní ředitelství Olomouc

Re:

Reference for a preliminary ruling — Krajský soud v Ostravě
(Czech Republic) — Interpretation of Article 58 of the Act
concerning the conditions of accession of the Czech Republic,
the Republic of Estonia, the Republic of Cyprus, the Republic of
Latvia, the Republic of Lithuania, the Republic of Hungary, the
Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic and the adjustments to the
Treaties on which the European Union is founded (OJ 2003
L 236, p. 33) — Imposition of a fine on a Czech importing
undertaking for making a customs declaration containing incor-
rect information, pursuant to Regulation (EEC) No 2454/93
which had not yet been published in Czech in the Official
Journal of the European Union

Operative part of the judgment

1. Article 58 of the Act concerning the conditions of accession to the
European Union of the Czech Republic, the Republic of Estonia,
the Republic of Cyprus, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the
the Republic of Slovenia and the Slovak
Republic of Poland,
Republic and the adjustments
to the Treaties on which the
European Union is founded, precludes the obligations contained in
Community legislation which has not been published in the Official
Journal of the European Union in the language of a new Member
State, where that language is an official language of the European
Union,
from being imposed on individuals in that State, even
though those persons could have learned of that legislation by other
means.