CELEX: C2003/083/47
Language: en
Date: 2003-04-05 00:00:00
Title: Case T-14/03: Action brought on 10 January 2003 by Colette Di Marzio against Commission of the European Communities

C 83/20                   EN                          Official Journal of the European Union                                          5.4.2003
1.     Annuls the Commission’s decision of 25 November 1999                   Action brought on 10 January 2003 by Colette Di Marzio
       refusing to award an orphan’s pension to the applicant’s child;            against Commission of the European Communities
2.     Orders the Commission to pay the costs, except those incurred
       by the Council of the European Union and those incurred by
                                                                                                        (Case T-14/03)
       the applicant as a consequence of the Council’s intervention;
3.     Orders the Council to bear its own costs.
                                                                                                       (2003/C 83/47)
( 1) OJ C 335, 25 November 2000.
                                                                                                  (Language of the case: French)
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                  An action against the Commission of the European Communi-
                                                                              ties was brought before the Court of First Instance of the
                                                                              European Communities on 10 January 2003 by Colette Di
                          of 28 January 2003                                  Marzio, residing in Ginasservis (France), represented by Geor-
                                                                              ges Vandersanden and Laure Levi, lawyers.
in Case T-138/01: F v Court of Auditors of the European
                            Communities (1)
                                                                              The applicant claims that the Court should:
(Officials — Reassignment — Legitimate expectations —
             Action for annulment and compensation)
                                                                              —    annul the appointing authority’s decision to make a
                             (2003/C 83/46)                                        deduction from the applicant’s salary corresponding, for
                                                                                   the months of October, November and December 2001,
                                                                                   to the weighting for France and the expatriation allow-
                     (Language of the case: French)                                ance;
                                                                              —    annul the decision of an unknown date depriving the
In Case T-138/01: F, an official of the Court of Auditors of the                   applicant of the fixed allowance (the ‘secretarial allow-
European Communities, residing in Luxembourg, represented                          ance’) referred to in Article 4a of Annex VII to the Staff
by P. Goergen, lawyer, with an address for service in Luxem-                       Regulations with effect from October 2000;
bourg, against Court of Auditors of the European Communities
(Agents: J.-M. Stenier, P. Giusta and B. Schäfer) — application,
firstly, for annulment of the decision of the Court of Auditors               —    annul the decision of an unknown date depriving the
of 4 December 2000 reassigning the applicant to the trans-                         applicant of the annual travel allowance provided for in
lation service and, secondly, for compensation for the non-                        Article 8 of Annex VII to the Staff Regulations for 2001;
material damage alleged by the applicant, the Court (Second
Chamber), composed of R.M. Moura Ramos, President, and
J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator,               —    reinstate all the applicant’s pecuniary rights, which entails
for the Registrar, has given a judgment on 28 January 2003,                        payment of the weighting for France and the expatriation
in which it:                                                                       allowance for October, November and December 2001;
                                                                                   payment of the fixed allowance (the ‘secretarial allow-
1.     Annuls the decision of the Court of Auditors of 4 December                  ance’) referred to in Article 4a of Annex VII to the Staff
       2000 reassigning the applicant to the translation service.                  Regulations for the period from 1 January 2001; payment
                                                                                   of the annual travel allowance provided for in Article 8
                                                                                   of Annex VII to the Staff Regulations for the whole of
2.     Dismisses the remainder of the application.
                                                                                   2001; plus interest on all those amounts at the rate of
                                                                                   5,25 % per annum until full payment is made;
3.     Orders the Court of Auditors to pay the costs, including those
       relating to the interlocutory proceedings in Case T-138/01 R.
                                                                              —    order the defendant to pay damages assessed, on an
                                                                                   equitable basis, at EUR 10 000;
( 1) OJ C 259 of 15.9.2001.
                                                                              —    order the defendant to pay all the costs.
 ---pagebreak--- 5.4.2003               EN                         Official Journal of the European Union                                             C 83/21
Pleas in law and main arguments                                           —     award EUR 1 000 by way of damages as compensation
                                                                                for non-material damage, that amount being fixed ex
                                                                                aequo et bono;
The applicant is an official of the Commission. She was
assigned to Cadarache and then reassigned to Brussels. The
applicant challenged the decision to reassign her in Case                 —     order the defendant to pay the costs.
T-355/01, which resulted in a settlement being reached with
the Commission and in the applicant’s being seconded to
Cadarache. However, the Commission took the view that the
applicant had received the weighting for France and the                   Pleas in law and main arguments
expatriation allowance without being entitled to do so. The
applicant was also deprived of the ‘secretarial allowance’ and
of the fixed allowance for travelling expenses.                           By his action the applicant, an official of the Commission,
                                                                          challenges the validity of his staff report for the period 1995-
In support of her action, the applicant claims that there has             1997 and claims damages for the faults allegedly committed
been an infringement of Articles 59 and 64 of the Staff                   by the Commission in preparing that report.
Regulations and Article 4 of Annex VII to the Staff Regulations
and an infringement of Article 71 of the Staff Regulations and
Articles 5 to 10 of Annex VII to the Staff Regulations. The               He claims that the report infringes Article 43 of the Staff
applicant also claims that there has been a breach of the                 Regulations and the provisions of the Guide to Staff Reports.
obligation to state reasons and an infringement of the principle          Thus, notwithstanding the opinion of the Joint Committee
of non-discrimination.                                                    on Staff Reports pointing out significant procedural and
                                                                          substantive irregularities, the appeal assessor did not find it
In the alternative, as regards the weighting for France and the           necessary to correct them. In addition, that the report was
expatriation allowance, the applicant claims that there has               completed after an unreasonable period of time was the
been an infringement of Article 85 of the Staff Regulations.              Commission’s fault alone. Similarly, the assessors systemati-
The applicant also claims that there has been an infringement             cally refused to hold a prior interview with the applicant as
of Article 4a of Annex VII to the Staff Regulations, an                   provided for by the Guide to Staff Reports. Furthermore, the
infringement of the general principle that an institution must            quite irregular drafting of the report reflected a more general
comply with the rules which it itself has made and a breach of            ‘mobbing’ attitude from which the applicant had suffered for
the obligation to state reasons as regards the secretarial                some years.
allowance.
                                                                          The applicant claims that the very negative assessments in his
Last, the applicant claims that there has been an infringement            report are clearly unfounded and that the Commission has
of the general principle of sound management and good                     failed in its duty to have regard for the interests of officials and
administration and a breach of the duty to have regard for the            has failed to observe the principle of sound administration.
welfare of officials.
Action brought on 13 January 2003 by Albano Ferrer de
Moncada against Commission of the European Communi-
                                ties                                      Action brought on 22 January 2003 by Spyridoula Kon-
                                                                          stantopoulou against Court of Justice of the European
                                                                                                    Communities
                         (Case T-16/03)
                         (2003/C 83/48)                                                             (Case T-19/03)
                   (Language of the case: French)
                                                                                                   (2003/C 83/49)
An action against Commission of the European Communities                                      (Language of the case: French)
was brought before the Court of First Instance of the European
Communities on 13 January 2003 by Albano Ferrer de
Moncada, residing in Luxembourg, represented by Georges
Vandersanden, Laure Levi and Aurore Finchelstein, lawyers.                An action against the Court of Justice of the European
                                                                          Communities was brought before the Court of Justice of the
The applicant claims that the Court should:                               European Communities on 22 January 2003 by Spyridoula
                                                                          Konstantopoulou, residing in Ioannina (Greece), represented
—     annul his staff report for the reference period 1995-1997;          by Eric Boigelot, lawyer.