CELEX: C2000/259/41
Language: en
Date: 2000-09-09 00:00:00
Title: Order of the Court of First Instance of 28 June 2000 in Case T-338/99: Lily Karoline Schuerer v Council of the European Union (Retirement pension — Weighting — Action for annulment — Inadmissibility)

9.9.2000                EN                     Official Journal of the European Communities                                        C 259/23
       ORDER OF THE COURT OF FIRST INSTANCE                               Auditors of the European Communities — application for
                                                                          suspension of operation of the decision of 15 May 2000
                          of 28 June 2000                                 relieving the applicant from her position as team leader in the
                                                                          Italian section of the translation service — the President of the
                                                                          Court of First Instance made an order on 3 July 2000, the
in Case T-338/99: Lily Karoline Schuerer v Council of the
                                                                          operative part of which is as follows:
                        European Union (1)
                                                                          1.    The application for interim measures is dismissed.
(Retirement pension — Weighting — Action for annulment
                        — Inadmissibility)                                2.    The costs are reserved.
                          (2000/C 259/41)
                   (Language of the case: German)
In Case T-338/99: Lily Karoline Schuerer, a former official of            Action brought on 15 May 2000 by Javier Reyna Gonzá-
the Commission of the European Communities, residing in                   lez del Valle against the Commission of the European
Munich (Germany), represented by H.J. Winzen and M. Anger-                                            Communities
maier, Rechtsanwälte, Munich, with an address for service in
Luxembourg at the Chambers of M. Steil, 12 Rue d’Anvers, v                                          (Case T-130/00)
Council of the European Union (Agents: M. Bauer and
P.M. Cossu) — application for a declaration that, by applying
to the calculation of the applicant’s pension a weighting for                                       (2000/C 259/43)
Germany which was not fixed on the basis of the cost of living
in Berlin, the Council has infringed the EC Treaty — the Court
of First Instance (Third Chamber), composed of: K. Lenaerts,                                 (Language of the case: Spanish)
President, and J. Azizi and M. Jaeger, Judges; H. Jung, Registrar,
made an order on 28 June 2000, the operative part of which                An action against the Commission of the European Communi-
is as follows:                                                            ties was brought before the Court of First Instance of the
                                                                          European Communities on 15 May 2000 by Javier Reyna
1.    The action is dismissed as inadmissible;                            González del Valle, residing in Madrid, represented by José
                                                                          Marı́a Valoria de Arana, lawyer.
2.    The applicant is to pay the costs.
                                                                          The applicant claims that the Court should:
(1) OJ C 79 of 18.3.2000.
                                                                          —     ‘partially’ annul the Commission’s decisions appointing
                                                                                the applicant initially as a probationer official (decision
                                                                                of 28 March 1989, taking effect from 1 March 1989) and
                                                                                subsequently as an official definitively classed in grade B3
                                                                                (decision of 14 November 1989, taking effect from
                                                                                1 December 1989), but only inasmuch as those decisions
                                                                                classified him in grade 3 of category B instead of grade 1,
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                                    that being the grade corresponding to him;
                            INSTANCE
                                                                          —     declare that the applicant is entitled to pecuniary compen-
                           of 3 July 2000                                       sation corresponding to the remuneration which he
                                                                                would have received if, as should have happened, he had
in Case T-163/00 R: Rosemarie Carotti v Court of Audi-                          been appointed a grade B1 official, and which he did not
              tors of the European Communities                                  receive, during the period running from his appointment
                                                                                as a probationer official to the present time, together with
                                                                                interest at the statutory rate;
        (Proceedings for interim relief — Admissibility)
                                                                          —     order the Commission to pay the costs.
                          (2000/C 259/42)
                                                                          Pleas in law and main arguments
                    (Language of the case: French)
                                                                          The applicant in the present case contests his appointment in
In Case T-163/00 R: Rosemarie Carotti, an official of the                 grade 3 of category B. He maintains in that connection that
Court of Auditors of the European Communities, residing in                that appointment must be regarded as erroneous, inasmuch
Luxembourg, represented by G. Vogel and F. Burg, of the                   as, having been called to attend interviews in competitions
Luxembourg Bar, with an address for service in Luxembourg                 COM/B/611 (B 1) and COM/B/612 (B 2/3), the applicant never
at the latter’s Chambers, 42 Boulevard Joseph II, v Court of              attended the interview corresponding to the latter competition.