CELEX: C2003/158/19
Language: en
Date: 2003-07-05 00:00:00
Title: Case C-181/03 P: Appeal brought on 25 April 2003 by A. Nardone against the judgment delivered on 26 February 2003 by the First Chamber of the Court of First Instance of the European Communities in Case T-59/01 between A. Nardone and the Commission of the European Communities

5.7.2003                EN                       Official Journal of the European Union                                          C 158/11
Appeal brought on 25 April 2003 by A. Nardone against                    First Instance did not take account of the fact that the applicant
the judgment delivered on 26 February 2003 by the First                  is already entitled to a pension for permanent partial invalidity
Chamber of the Court of First Instance of the European                   which has a clear effect on the calculation of his retirement
Communities in Case T-59/01 between A. Nardone and                       pension.
       the Commission of the European Communities
                         (Case C-181/03 P)
                          (2003/C 158/19)
An appeal against the judgment delivered on 26 February
2003 by the First Chamber of the Court of First Instance                 Action brought on 5 May 2003 by the Commission of
of the European Communities in Case T-59/01 between                      the European Communities against the Kingdom of the
A. Nardone and the Commission of the European Communi-                                               Netherlands
ties was brought before the Court of Justice of the European
Communities on 25 April 2003 by A. Nardone, represented
by J.R. Iturriagagoitia and K. Delvolvé, lawyers. The appellant                                    (Case C-189/03)
claims that the Court should:
principally:                                                                                       (2003/C 158/20)
—     declare that the appeal is admissible and founded,
—     set aside in its entirety the judgment delivered by the
      Court of First Instance on 26 February 2003 in Case                An action against the Kingdom of the Netherlands was brought
      T-59/01;                                                           before the Court of Justice of the European Communities on
                                                                         5 May 2003 by the Commission of the European Communi-
                                                                         ties, represented by W. Wils, acting as Agent.
in the alternative:
—     annul the express decision of the Appointing Authority
      of 15 December 2000 in so far as it rejected the                   The applicant claims that the Court should:
      appellant’s complaint of 23 May 2000 regarding the
      award of an invalidity pension under the second para-              —      Declare that, by laying down, in the framework of the
      graph of Article 78 of the Staff Regulations;                             Law on private security firms and detective agencies,
                                                                                provisions which require that:
—     in so far as is necessary, annul the express decision of the
      Appointing Authority of 20 March 2000 in so far as it
      rejected the appellant’s request of 18 November 1999                      —    an undertaking that wishes to provide services in
      regarding the award of an invalidity pension under the                         the Netherlands must have a permit, without taking
      second paragraph of Article 78 of the Staff Regulations;                       into account the obligations which the foreign
                                                                                     service provider must already satisfy in the Member
                                                                                     State where it is established, and by charging fees
in any event:                                                                        for this permit;
—     make an order as to costs in accordance with the
      applicable provisions of the Rules of Procedure.                          —    managers of these security firms have a permit for
                                                                                     which a charge is also made;
                                                                                —    staff have a diploma issued by a Netherlands organis-
Pleas in law and main arguments                                                      ation, and that installers of alarms have professional
                                                                                     qualifications without taking into account qualifi-
                                                                                     cations obtained in another Member State; the
The appellant disputes the finding of the Court of First Instance                    Kingdom of the Netherlands has failed to fulfil its
that he did not meet the cumulative conditions required under                        obligations under Article 49 EC and Directives 89/
Article 13 of Annex VIII to the Staff Regulations in order to be                     49/EEC ( 1) and 92/51/EEC (2) on the general system
entitled to an invalidity pension. First, he could not claim his                     for the recognition of professional qualifications.
entitlement in 1981, when he resigned, because he was
unaware of his state of health owing to the progressive and
degenerative nature of his condition. Secondly, the Court of             —      Order the Kingdom of the Netherlands to pay the costs.