CELEX: C2001/095/18
Language: en
Date: 2001-03-24 00:00:00
Title: Judgment of the Court of First Instance of 26 October 2000 in Joined Cases T-83/99, T-84/99 and T-85/99: Carlo Ripa di Meana and Others v European Parliament (Members of the European Parliament — Provisional retirement pension scheme — Time-limit for submitting request — Knowledge acquired — Admissibility)

C 95/10                 EN                       Official Journal of the European Communities                                       24.3.2001
1.    dismisses the application;                                            3.    Orders the Commission to repay to the applicant the sums
                                                                                  recovered from her pension, amounting to LUF 181 446;
2.    orders each of the parties to bear their own costs.
                                                                            4.    Dismisses the remainder of the action;
(1) OJ No C 358 of 21.11.98.                                                5.    Orders the Commission to pay the costs.
                                                                            (1) OJ No C 86, 27.3.1999.
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 8 November 2000
                                                                                                   of 26 October 2000
in Case T-210/98: E v Commission of the European
                          Communities (1)
                                                                            in Joined Cases T-83/99, T-84/99 and T-85/99: Carlo Ripa
                                                                                   di Meana and Others v European Parliament (1)
(Officials — Dependent child allowance — Double allow-
ance for child affected by mental or physical handicap —
          Suspension — Recovery of undue payment)                           (Members of the European Parliament — Provisional retire-
                                                                            ment pension scheme — Time-limit for submitting request
                                                                                        — Knowledge acquired — Admissibility)
                          (2001/C 95/17)
                                                                                                      (2001/C 95/18)
                    (Language of the case: French)
                                                                                                (Language of the case: Italian)
In Case T-210/98: E, a former official of the European
Communities, residing in Luxembourg, represented initially by
                                                                            In Joined Cases T-83/99, T-84/99 and T-85/99: Carlo Ripa di
C. Revoldini and subsequently by J. Choucroun, both of the
                                                                            Meana, former Italian Member of the European Parliament,
Luxembourg Bar, with an address for service in Luxembourg
                                                                            residing in Montecastello di Vibio (Italy), Leoluca Orlando,
at the Chambers of the latter, 84 Grand-Rue, against the
                                                                            former Italian Member of the European Parliament, residing in
Commission of the European Communities (Agents: C. Berar-
                                                                            Palermo (Italy), Gastone Parigi, former Italian Member of the
dis-Kayser, F. Clotuche-Duvieusart and B. Wägenbaur) —
                                                                            European Parliament, residing in Pordenone (Italy), represented
applications for the annulment, first, of a Commission decision
                                                                            by V. Viscardini Donà, assisted by G. Donà, of the Padua Bar,
of 14 July 1998 suspending payment of a double dependent
                                                                            with an address for service in Luxembourg at the Chambers of
child allowance and retrospectively withdrawing the benefit of
                                                                            E. Arendt, 8-10 Rue Mathias Hardt, against European Parlia-
the latter for the period from 1 January 1997 until 14 July
                                                                            ment (Agents: A. Caiola, G. Ricci and F. Capelli) — application
1998, and, second, of a Commission decision of 22 July 1998
                                                                            for annulment of the decisions of the European Parliament of
recovering from the applicant’s retirement pension sums
                                                                            4 February 1999 rejecting the requests submitted by Mr Ripa
totalling LUF 181 446 allegedly paid unduly by way of that
                                                                            di Meana, Mr Orlando and Mr Parigi, seeking to obtain
allowance, and for an order that the Commission repay to the
                                                                            retroactive application of the provisional retirement pension
applicant the amounts withheld from her pension — the Court
                                                                            scheme referred to in Annex III to the Rules Governing the
of First Instance (Second Chamber), composed of J. Pirrung,
                                                                            Payment of Expenses and Allowances to Members of the
President of the Chamber, A. Potocki and A.W.H. Meij, Judges;
                                                                            European Parliament — the Court of First Instance (Fourth
J. Palacio Gonzalez, Administrator, for the Registrar, has given
                                                                            Chamber), composed of V. Tiili, President, R.M. Moura Ramos
a judgment on 8 November 2000, in which it:
                                                                            and P. Mengozzi, Judges; G. Herzig, administrator, for the
                                                                            Registrar, gave a judgment on 26 October 2000, in which it:
1.    Annuls the Commission decision of 14 July 1998 in so far as
      it withdraws the grant of the double allowance for a dependent        1.    annuls the decisions of the European Parliament of 4 February
      child provided for in Article 67(3) of the Staff Regulations of             1999 No 300762 and No 300763 rejecting the requests
      Officials of the European Communities for the period from                   submitted by Mr Ripa di Meana and Mr Orlando for the
      1 January 1997 until 14 July 1998;                                          provisional pension scheme referred to in Annex III to the
                                                                                  Rules Governing the Payment of Expenses and Allowances to
2.    Annuls the Commission decision of 23 July 1998, recovering                  Members of the European Parliament to apply with retroactive
      the sum of LUF 181 446;                                                     effect;
 ---pagebreak--- 24.3.2001              EN                      Official Journal of the European Communities                                       C 95/11
2.    dismisses as inadmissible the application in Case T-85/99;              JUDGMENT OF THE COURT OF FIRST INSTANCE
3.    orders the Parliament to bear its own costs, and to pay those of                          of 21 November 2000
      Mr Ripa di Meana and Mr Orlando, in Cases T-83/99 and
      T-84/99;                                                            in Case T-214/99: Manuel Tomás Carrasco Benı́tez v
                                                                                 Commission of the European Communities (1)
4.    orders Mr Parigi to bear his own costs, as well as to pay those
      of the Parliament, in Case T-85/99.                                 (Officials — Recruitment — Access to internal competitions
                                                                          — Competition notice — Condition relating to length of
                                                                               service — Professional experience of the candidate)
(1) OJ No C 160 of 5/6/99.
                                                                                                    (2001/C 95/20)
                                                                                              (Language of the case: French)
                                                                          In Case T-214/99: Manuel Tomás Carrasco Benı́tez, an official
                                                                          of the Commission of the European Communities, residing in
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               London, represented by J.-N. Louis, G. Parmentier and V. Peere,
                                                                          of the Brussels Bar, with an address for service in Luxembourg
                                                                          at Société de gestion fiduciaire SARL, 13 Avenue du Bois,
                      of 26 September 2000                                against Commission of the European Communities (Agents:
                                                                          J. Currall and D. Waelbroeck) — application for the annulment
                                                                          of the decision of the internal selection boards for competitions
in Case T-138/99: Luc Verheyden v Commission of the
                                                                          COM/T/R/ADM/A/98, COM/R/5179/98, COM/R/5182/98,
                    European Communities (1)
                                                                          COM/R/5183/98, COM/R/5188/98 and COM/R/5190/98 not
                                                                          to admit him to those competitions — the Court of First
(Officials — Prior administrative complaint — Time-limits                 Instance (Third Chamber), composed of K. Lenaerts, President,
— New fact — Promotion — Comparative examination on                       J. Azizi and M. Jaeger, Judges; J. Palacio González, Adminis-
                             the merits)                                  trator, for the Registrar, gave a judgment on 21 November
                                                                          2000, in which it:
                          (2001/C 95/19)                                  1.    dismisses the application;
                                                                          2.    orders each of the parties to bear its own costs.
                    (Language of the case: French)
                                                                          (1) OJ No C 333 of 20/11/99.
In Case T-138/99: Luc Verheyden, an official of the Com-
mission of the European Communities, residing in Angera
(Italy), represented by E. Boigelot, of the Brussels Bar, with an
address for service in Luxembourg at the Chambers of
L. Schiltz, 2 Rue du Fort Rheinsheim, against Commission of
the European Communities (Agents: C. Berardis-Kayser and
F. Clotuche-Duvieusart) — application for the annulment of                    JUDGMENT OF THE COURT OF FIRST INSTANCE
the decision not to promote the applicant to Grade A4 with
retroactive effect from 10 October 1989 and of the decision                                     of 12 December 2000
not to promote the applicant in the 1998 promotion exercise,
and for compensation for the non-pecuniary damage which                   in Case T-11/00: Michel Hautem v European Investment
he claims to have suffered — the Court of First Instance                                                 Bank (1)
(Fifth Chamber), composed of: R. Garcı́a-Valdecasas, President,
P. Lindh and J.D. Cooke, Judges; G. Herzig, Administrator, for            (Officials — Removal from post — Failure to comply with a
the Registrar, has given a judgment on 26 October 2000, the               judgment annulling a decision — Article 233 EC — Non-
operative part of which is as follows:                                    contractual liability of the Community — Non-material
                                                                                              damage — Compensation)
1.    The application is dismissed;
                                                                                                    (2001/C 95/21)
2.    Each party shall bear its own costs.
                                                                                              (Language of the case: French)
(1) OJ C 226 of 7.8.99.
                                                                          In Case T-11/00: Michel Hautem, a servant of the European
                                                                          Investment Bank, residing in Schouweiler (Luxembourg), rep-
                                                                          resented by M. Karp and J. Choucroun, of the Luxembourg