CELEX: C2001/095/39
Language: en
Date: 2001-03-24 00:00:00
Title: Case T-15/01: Action brought on 22 January 2001 by Stefano Benini against Commission of the European Communities

C 95/20                EN                      Official Journal of the European Communities                                         24.3.2001
Action brought on 22 January 2001 by Stefano Benini                       The applicant claims that the Court should:
    against Commission of the European Communities
                                                                          —     annul the decision taken by the appointing authority in
                          (Case T-15/01)
                                                                                its memorandum of 24 February 2000 to continue to
                                                                                transfer part of his remuneration but at a rate of only
                          (2001/C 95/39)                                        19 % of his net monthly salary, instead of 35 %;
                   (Language of the case: Italian)                        —     annul the decision of the Heads of Administration
                                                                                No 102/84 approved by them at the 149th meeting of
                                                                                6 April 1984, inasmuch as it allows the appointing
An action against the Commission of the European Communi-                       authority to limit its transfer to 19 % in place of 35 %;
ties was brought before the Court of First Instance of the
European Communities on 22 January 2001 by Stefano Benini
represented by Bruno Nascimbene and Massimo Condinanzi,                   —     order the defendant to pay the applicant a provisional
Avvocati, with an address for service in Luxembourg.                            sum of EUR 5 000 in respect of damages to be assessed
                                                                                subsequently together with default interest, by way of
                                                                                damages for the financial injury caused to him;
The applicant claims that the Court should:
—     Annul the decision of the Commission of 28 September                —     order the defendant to pay the costs.
      2000 rejecting the complaint lodged by the applicant on
      28 March 2000 under No 169/2000;
—     Order the Commission to pay the costs.
                                                                          Pleas in law and main arguments
Pleas in law and main arguments
                                                                          The applicant, an official working for the Commission in
                                                                          Brussels, purchased residential property in London. The pur-
The pleas in law and main arguments are the same as though                chase was partly financed by a mortgage in the United
in Case T-11/01 Maschetti v Commission (1).                               Kingdom repayable on a monthly basis over 10 years.
(1) Not yet published in the OJ.                                          Accordingly, the applicant requested a transfer to the United
                                                                          Kingdom of 35 % of his net monthly salary under Article 17(2)
                                                                          of Annex VII to the Staff Regulations.
                                                                          The Commission limited the transfer to a ceiling of 19 % on
                                                                          the ground that such a ceiling was applicable, by analogy,
                                                                          pursuant to Decision No 102/84 of the Heads of Adminis-
                                                                          tration. The applicant claims that that limitation is unlawful
Action brought on 24 January 2001 by Georgios Rounis
    against Commission of the European Communities                        and that it does not comply with either the Staff Regulations
                                                                          or the joint rules fixing the detailed rules relating to the transfer
                                                                          of part of the salary.
                          (Case T-17/01)
                          (2001/C 95/40)                                  The applicant also claims that the appointing authority
                                                                          infringed Articles 62 and 63 of the Staff Regulations and that
                                                                          its decision, based on grounds which are both legally and
                   (Language of the case: French)                         factually incorrect, discriminates against the applicant by
                                                                          comparison with other officials in the same situation.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 January 2001 by Georgios
Rounis, residing in Brussels, represented by Eric Boigelot,
avocat, with an address for service in Luxembourg.