CELEX: C2002/097/32
Language: en
Date: 2002-04-20 00:00:00
Title: Case T-55/02: Action brought on 25 February 2002 by Peter Finch against the Commission of the European Communities

C 97/18                 EN                     Official Journal of the European Communities                                    20.4.2002
The defendant misused its powers within the meaning of the                In support of his claims, the applicant pleads:
second paragraph of Article 230 of the EC Treaty. In carrying
out its procedure, it was not seeking to put an end to                    —     infringement of Article 11(2) of Annex VIII to the Staff
infringements of the competition rules but to lower the charges                 Regulations;
for the conversion of foreign currencies.
                                                                          —     infringement of the general provisions for the implemen-
                                                                                tation of Article 11(2) of Annex VIII to the Staff Regula-
The amount of the fine was also such as to render it unlawful.                  tions;
The defendant did not correctly apply the relevant principles
for the calculation of fines.                                             —     infringement of the principles of equal treatment and
                                                                                non-discrimination.
Action brought on 25 February 2002 by Peter Finch                         Action brought on 1 March 2002 by Léopold Radauer
  against the Commission of the European Communities                                against the Council of the European Union
                           (Case T-55/02)                                                          (Case T-67/02)
                           (2002/C 97/32)                                                          (2002/C 97/33)
                    (Language of the case: French)                                           (Language of the case: French)
                                                                          An action against the Council of the European Union was
An action against the Commission of the European Communi-                 brought before the Court of First Instance of the European
ties was brought before the Court of First Instance of the                Communities on 1 March 2002 by Léopold Radauer, residing
European Communities on 25 February 2002 by Peter Finch,                  in Brussels, represented by Georges Vandersanden and Laure
residing in Luxembourg, represented by Jean-Noël Louis,                   Levi, avocats.
lawyer, with an address for service in Luxembourg.
                                                                          The applicant claims that the Court should:
The applicant claims that the Court should:
                                                                          —     annul the defendant’s decision of 17 April 2001 fixing at
—     annul the Commission’s decision concerning the crediting                  3 years, 10 months and 10 days the number of years of
      of years of pensionable service under the Staff Regulations               pensionable service to be taken into account for the
      to be taken into account pursuant to Article 11(2) of                     applicant’s Community pension following the transfer of
      Annex VIII to the Staff Regulations in consequence of the                 his pension rights acquired in Austria prior to his entry
      transfer to the Community pension scheme of the                           into the service of the European Communities and, in so
      pension rights acquired by the applicant prior to his entry               far as necessary, annul the Council decision, dated
      into service;                                                             15 November 2001, to reject the applicant’s complaint
                                                                                of 17 July 2001;
—     order the defendant to pay the costs.
                                                                          —     order the defendant to fix again, on an amended legal
                                                                                basis and in a manner devoid of any illegality, the years
                                                                                of pensionable service to be taken into account for the
Pleas in law and main arguments                                                 applicant’s Community pension following the transfer of
                                                                                his pension rights acquired in Austria;
The applicant, an official of the defendant institution who,
prior to his entry into service, had worked in France, Belgium            —     order the defendant to pay all of the costs.
and the Netherlands and acquired pension rights under
various pension schemes in those countries, is contesting the
calculation contained in the contested decision, which relates            Pleas in law and main arguments
to the crediting of all of the transferred rights. More specifically,
the applicant is contesting the fact that the appointing                  The single plea in law raised is the same as that in Case
authority took the date of his establishment as the reference             T-204/01 Maria-Luise Lindorfer v Council of the European
date and not the date of his entry into service.                          Union (OJ C 317, 10.11.2001, p. 32).