CELEX: C2001/317/62
Language: en
Date: 2001-11-10 00:00:00
Title: Case T-199/01: Action brought on 28 August 2001 by Pierrette Dessy against the Commission of the European Communities

10.11.2001            EN                      Official Journal of the European Communities                                      C 317/31
      that his name was not on that list and against the                 Pleas in law and main arguments
      Commission’s decision not to promote him to grade A4
      under the 2000 promotions procedure;
                                                                         The applicant disputes two decisions of the office responsible
—     annul any related and/or subsequent decision;                      for settling claims under the Joint Sickness Insurance Scheme
                                                                         refusing to reimburse at 100 % of the cost of certain medical
—     annul the Commission’s implied decision rejecting the              services that he submits are linked to the serious illness from
      complaint submitted by the applicant under Article 90(2)           which his wife is suffering. In support of his action he alleges
      of the Staff Regulations on 27 December 2000;                      breach of Article 72(1) of the Staff Regulations and manifest
                                                                         error of assessment.
—     annul the 2000 A4 promotions procedure with regard to
      the applicant;
—     order the defendant to pay all the costs of the action.
Pleas in law and main arguments
                                                                         Action brought on 28 August 2001 by Pierrette Dessy
                                                                           against the Commission of the European Communities
In support of his action, the applicant puts forward the same
pleas in law as in Case T-188/01.
                                                                                                  (Case T-199/01)
                                                                                                  (2001/C 317/62)
                                                                                            (Language of the case: French)
Action brought on 10 August 2001 by André Hecq against
       the Commission of the European Communities
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                        (Case T-191/01)                                  European Communities on 28 August 2001 by Pierrette Dessy,
                                                                         resident in Ispra (Italy), represented by Olivier Slusny, lawyer,
                        (2001/C 317/61)                                  with an address for service in Luxembourg.
                   (Language of the case: French)
                                                                         The applicant claims that the Court should:
An action against the Commission of the European Communi-
                                                                         —     declare unlawful and annul the implied decision to reject
ties was brought before the Court of First Instance of the
                                                                               the applicant’s complaint of 30 January 2001;
European Communities on 10 August 2001 by André Hecq,
resident in Mondercange (Luxembourg), represented by Carlos
Mourato, lawyer, with an address for service in Luxembourg.              —     rule that the applicant has the right, in accordance with
                                                                               the provisions of Article 72 of the Staff Regulations, to
                                                                               100 % reimbursement for prescribed products;
The applicant claims that the Court should:
                                                                         —     order the Appointing Authority to pay all the costs.
—     annul the decisions of 13 October 2000 and 6 November
      2000 of the Brussels office responsible for settling claims
      as well as the implied decision of 12 May 2001 of the
      Appointing Authority;
                                                                         Pleas in law and main arguments
—     order the defendant to reimburse to the applicant the
      sum of 38,84 Euros plus default interest from 13 October
      2000;                                                              The applicant, a former Community official, presently in
                                                                         retirement, objects to the refusal of the administration to
—     order the defendant to reimburse to the applicant the              classify as reimbursable certain pharmaceutical products that
      sum of 26,51 Euros plus default interest from 6 Novem-             she needs for the treatment of a serious illness, within the
      ber 2000;                                                          meaning of Article 72(1) of the Staff Regulations, considering
                                                                         them to be ‘inefficacious’ as regards the condition from which
—     order the defendant to pay the costs of the case.                  she is suffering.
 ---pagebreak--- C 317/32               EN                      Official Journal of the European Communities                                    10.11.2001
In support of her claims, the applicant submits:                          principle of equal treatment and freedom of movement for
                                                                          workers. The conversion to the Community pension system of
—     Arbitrariness and failure to state reasons, in that, first, the     the pension rights acquired by the applicant in Austria before
      administration changed its mind as to whether certain               her entry into service constitutes, in her view, discrimination
      medicines were reimbursable and, secondly, the principle            based on grade, sex, age and nationality.
      of the doctor’s free choice of medicines was disregarded
      in this case;
—     Breach of the principle of legitimate expectation and of
      the duty to have regard for the welfare of officials.
                                                                          Action brought on 6 September 2001 by André Ronsse
                                                                            against the Commission of the European Communities
                                                                                                   (Case T-205/01)
Action brought on 5 September 2001 by Maria-Luise
   Lindorfer against the Council of the European Union
                                                                                                   (2001/C 317/64)
                         (Case T-204/01)
                                                                                              (Language of the case: French)
                         (2001/C 317/63)
                                                                          An action against the Commission of the European Communi-
                    (Language of the case: French)                        ties was brought before the Court of First Instance of the
                                                                          European Communities on 6 September 2001 by André
                                                                          Ronsse, resident in Brussels, represented by Eric Boigelot,
An action against the Council of the European Union was
                                                                          lawyer, with an address for service in Luxembourg.
brought before the Court of First Instance of the European
Communities on 5 September 2001 by Maria-Luise Lindorfer,
resident in Brussels, represented by Georges Vandersanden,
                                                                          The applicant claims that the Court should:
Laure Levi and Dominique Dugois, lawyers.
                                                                          —      annul the decision taken on 9 November 2000 by the
The applicant claims that the Court should:                                      Appointing Authority concerning the reimbursement of
                                                                                 the household allowance considered by the Appointing
—     annul the defendant’s decision of 3 November 2000                          Authority to have been overpaid since 1 January 1994;
      fixing at 5 years, 5 months and 8 days the number of
      years of pensionable service to be taken into account for           —      annul the decision, taken by the Appointing Authority on
      the applicant’s Community pension following the transfer                   23 November 2000, to recover the household allowance
      of her pension rights acquired in Austria prior to her                     previously overpaid since 1 January 1994
      entry into the service of the European Communities and,                    (22 433,07 Euros) from the applicant’s monthly pension,
      in so far as necessary, annul the Council decision, dated                  in 30 monthly payments of 770 Euros from December
      31 May 2001, to reject the applicant’s complaint of                        2000 to May 2003 inclusive and a monthly payment of
      2 February 2001;                                                           15,89 Euros in June 2003;
—     order the defendant to fix again, on an amended legal               —      in any event, whatever the decision on the substance of
      basis devoid of all illegality, the years of pensionable                   the case, authorise his repayment arrangements to be
      service to be taken into account for the applicant’s                       made more flexible than those presently imposed on him,
      Community pension following the transfer of her pension                    with average monthly payments of a maximum of
      rights acquired in Austria;                                                385 Euros;
—     order the defendant to pay all the costs.                           —      order, in any event, the defendant to pay the costs.
Pleas in law and main arguments
                                                                          Pleas in law and main arguments
In support of her action, the applicant raises an objection to
the legality of Article 11(2) of Annex VIII to the Staff                  The applicant in the present case, a retired official, states that,
Regulations and Articles 10.3 and 10.4 of the Council decision            according to the Appointing Authority, he unduly received
fixing the general provisions for giving effect to Article 11(2).         household allowance from 1 January 1994 to 31 October
According to the applicant, those articles, which form the legal          2000 and that, on the basis of Article 85, the Staff Regulations,
basis of the contested measure, constitute a breach of the                it is seeking to recover the amount overpaid.