CELEX: C1996/064/32
Language: en
Date: 1996-03-02 00:00:00
Title: Action brought by Antonio Angelini against the Commission of the European Communities on 5 December 1995 (Case T-222/95)

2 . 3 . 96            1 EN |               Official Journal of the European Communities                                    No C 64/ 15
Action brought by Antonio Angelini against the                        objective fact of the person concerned being obliged to
Commission of the European Communities on 5 December                  transfer his residence elsewhere in order to comply with
                                 1995                                 Article 20 of the Staff Regulations . The latter does not
                         ( Case T-222/95                              impose any further requirement or take any other factor into
                                                                      consideration .
                            ( 96/C 64/32
                                                                      In the applicant's submission, whilst the case-law has indeed
                (Language of the case: Italian)                       clarified the scope of the provisions of the Staff Regulations,
                                                                      it has done so in situations where legal requirements were
                                                                      not met ( failure to transfer residence or family property,
                                                                      transfer at the official 's own request and in his personal
An action against the Commission of the European                      interest, etc .) or in situations involving fraud . That is far
Communities was brought before the Court of First                     removed from the present case, in which there were no
Instance of the European Communities on 5 December                    irregularities regarding the transfer of the applicant and his
1995 by Antonio Angelini , a former official of the                   family to another State , the renting of a home in Germany
Commission of the European Communities, resident at                   and the automatic return to Italy .
Ranco (Varese ), represented by Giuseppe Marchesini,
Advocate with the right of audience before the Court of
Cassation of the Italian Republic, with an address for service        Finally, the applicant accuses the Commission of failing to
in Luxembourg at the Chambers of Ernest Arendt, 8—10                  take the judgment in Case T-508/93 Mancini into account in
Rue Mathias Hardt .                                                   the present case .
The applicant claims that the Court should :
— annul the measure whereby he was refused a
     resettlement allowance on resuming his duties at
     Ispra,
                                                                      Action brought on 13 December 1995 by Roger Tremblay,
                                                                      Harry Kestenberg and the Syndicat des Exploitants de Lieux
— order the Commission to pay him the sums due under                  de Loisirs ( SELL ) against the Commission of the European
     Article 5 ( 2 ) of Annex VII to the Staff Regulations or                                     Communities
     those resulting from a fresh settlement of the amounts
     due to him under Article 38 of the Staff Regulations,                                     ( Case T-224/95 )
                                                                                                   96/C 64/33 )
— order interest at 8 % to be paid from the date of the claim
     until the date of settlement,                                                     (Language of the case: French)
— order the Commission to pay the costs .
                                                                      An action against the Commission of the European
                                                                      Communities was brought before the Court of First
                                                                      Instance of the European Communities on 13 December
Pleas in law and main arguments adduced in support:                    1995 by Roger Tremblay, residing at Vernantes ( France ),
                                                                      Harry Kestenberg, residing at Saint Andre Les Vergers
The applicant, a scientific and technical official of the              ( France ) and the Syndicat des Exploitants de Lieux de
Commission at the Ispra establishment of the Joint Research           Loisirs ( SELL ), established in Paris ( France ), represented by
Centre, maintains that the refusal to pay him a resettlement          Jean Claude Fourgoux, of the Paris Bar, with an address for
allowance on his return from a period of service abroad in            service in Luxembourg at the Chambers of Pierrot Schiltz, 4
                                                                      Rue Beatrix de Bourbon .
the Iter Home Central Team of Garching was unlawful . The
contested decision assumes that he neither encountered any
particular difficulties in resettling in his place of origin, nor
needed to carry out a fresh removal , having returned to his          The applicants claim that the Court should :
own home in Italy .
                                                                      — annul the Decision of the Commission of 13 October
The applicant first stresses the contradiction in the fact that,            1995 , in that it rejects the complaint,
although he had changed his residence twice , he was paid the
daily allowance on his return to Ispra but not the                    — consequently, order the Commission to carry out the
corresponding resettlement allowance in addition .                          necessary investigations in order to establish evidence of
                                                                            the agreement,
Moreover, the provisions of the Staff Regulations
concerning the installation allowance refer exclusively to the         — order the Commission to pay the costs.