CELEX: C1995/248/35
Language: en
Date: 1995-09-23 00:00:00
Title: Action brought on 13 July 1995 by Geneviève Pavan against the European Parliament (Case T-147/95)

No C 248/ 16            EN                  Official Journal of the European Communities                                      23 . 9 . 95
He states in this connection that his staff report for the             — order the Parliament to pay the costs .
period 1991 /93 was notified to him only on 1 July 1994,
belatedly in relation to what is laid down in the provisions           Pleas in law and main arguments adduced in support:
applicable; notification in fact took place after publication
of the list of officials most deserving of promotion drawn up
by Directorate-General XX for 1994 . When examining the                The applicant challenges the decision by the Parliament,
                                                                       notified by letter of 29 September 1994 , to take steps to
applicant's case, the promotions committee therefore had
available only a belated and inaccurate staff report, since it         recover, pursuant to Article 85 of the Staff Regulations, part
was subsequently amended after the applicant had                       of the household allowance that she had been receiving from
submitted a compliant. The applicant concludes that the list           1 June 1987 corresponding to the prime de menage paid to
of officials most deserving of promotion drawn up on that              her husband by the Luxembourg authorities over the same
basis by the promotions committee, and the subsequent                  period . She considers that the rule against overlapping
promotion decisions adopted by the appointing authority,               benefits is not applicable in her case, since both the legal
are void pursuant to Article 45 of the Staff Regulations .             nature and the conditions for granting the household
                                                                       allowance are completely different from those governing the
                                                                       prime de menage.
The applicant states further that the promotions committee
committed a manifest error of assessment in calculating his
seniority in the grade . He considers that that seniority              The applicant points out in this connection that under
should have been calculated from 1985 , the date on which              Luxembourg legislation the prime de menage: ( a ) is
he was promoted to LA 5 , and not from 1989 , the date on              contractual in nature; ( b ) is paid regardless of family
which he was appointed to Grade A 5 having succeeded in                expenses; and ( c ) is subject to tax. She concludes that despite
internal competition COM/2/87 for transfer from the                    its name, the prime de menage is not a family allowance , in
Language Service to Category A.                                        contrast to the household allowance paid by the European
                                                                       Communities .
Action brought on 13 July 1995 by Genevieve Pavan against              Action brought on 14 July 1995 by etablissements
                     the European Parliament                           J. Richard Ducros against the Commission of the European
                                                                                                   Communities
                         ( Case T-l 47/95 )
                           ( 95/C 248/35 )                                                      ( Case T-149/95 )
                                                                                                  ( 95/C 248/36 )
                 (Language of the case: French)
                                                                                      (Language of the case: French)
An action against the European Parliament was brought
before the Court of First Instance on 13 July 1995 by                  An action against the Commission of the European
Genevieve Pavan, resident in Luxembourg, represented by                Communities was brought before the Court of First
Alain Lorang, of the Luxembourg Bar, with an address for               Instance of the European Communities on 14 July 1995 by
service in Luxembourg at the latter's Chambers, 51 Rue                 Etablissements J. Richard Ducros, established in Paris,
Albert ler .                                                           represented by Philippe Genin, of the Lyons Bar, with an
                                                                       address for service in Luxembourg at the Chambers of
                                                                       Aloyse May, 31 Grand-rue .
The applicant claims that the Court should :
                                                                       The applicant claims that the Court should:
— annul the decision adopted on 29 September 1994 by the
     European Parliament pursuant to Article 85 of the Staff           — annul the decision of the Commission closing the
     Regulations,                                                           procedure which it had initiated,
— declare that the prime de menage received by the                     — order the defendant to pay costs .
     applicant's husband should not be set off against the
     household allowance received by her,
                                                                        Pleas in law and main arguments adduced in support:
— declare that the European Parliament should reimburse                The applicant, a public limited liability company
     all the sums improperly retained pursuant to the decision          incorporated under French law, engaged in the metal
     of 29 September 1994 ,                                             construction and boiler-marking sector, contests the
                                                                        Decision of the Commission, published in the Official
— declare that the applicant should receive in their entirety          Journal of the European Communities of 16 May 1995
     all the household allowance payments that should have              under No C 120, p. 4 , in which it decided to close the
     been paid from December 1994 ,                                     procedure initiated on 11 March 1992 under Article 93 ( 2 )