CELEX: C2002/305/43
Language: en
Date: 2002-12-07 00:00:00
Title: Judgment of the Court of First Instance of 25 September 2002 in Joined Cases T-201/00 and T-384/00: Agnès Ajour and others v Commission of the European Communities (Officials — Remuneration — Weighting for Ireland — Cost of living in Dublin — Articles 64 and 65 of the Staff Regulations)

C 305/20                EN                        Official Journal of the European Communities                                      7.12.2002
                                                           COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                    of 25 September 2002
                      of 26 September 2002
                                                                             in Joined Cases T-201/00 and T-384/00: Agnès Ajour and
in Case T-199/99: Sgaravatti Mediterranea Srl v Com-                            others v Commission of the European Communities (1)
           mission of the European Communities (1)
                                                                             (Officials — Remuneration — Weighting for Ireland —
                                                                             Cost of living in Dublin — Articles 64 and 65 of the Staff
(EAGGF — Cancellation of financial assistance —                                                           Regulations)
Article 24 of Regulation (EEC) No 4253/88 — Prior hearing
of the beneficiary — Appropriate examination of the case by
the Commission — Rights of the defence — Manifest error                                                 (2002/C 305/43)
of assessment — Statement of reasons — Principle of
protection of legitimate expectations — Principle of legality
           of penalties — Principle of proportionality)                                           (Language of the case: French)
                          (2002/C 305/42)
                                                                             In Joined Cases T-201/00 and T-384/00: Agnès Ajour, residing
                                                                             in Dublin, and 128 other officials and agents of the Com-
                                                                             mission of the European Communities, represented by
                    (Language of the case: Italian)
                                                                             J.-N. Louis and V. Peere, avocats, with an address for service in
                                                                             Luxembourg, against Commission of the European Communi-
                                                                             ties (Agent: J. Currall), supported by Council of the European
                                                                             Union (Agents A. Pilette and F. Anton) — application for the
                                                                             annulment of the decisions of the Commission drawing up the
                                                                             pay slips of the applicants in respect of September and
In Case T-199/99, Sgaravatti Mediterranea Srl, established in                December 1999 and of the decisions of the Commission
Capoterra (Italy), represented by M. Merola and P.A.M. Ferrari,              drawing up, pursuant to Council Regulation (EC, ECSC,
lawyers, with an address for service in Luxembourg, v Com-                   Euratom) No 2700/1999 of 17 December 1999 adjusting
mission of the European Communities (Agents: initially                       with effect from 1 July 1999 the remuneration and pensions
F.P. Ruggeri Laderchi, J. Guerra Fernández, L. Visaggio, and                 of officials and other servants of the European Communities
M. Moretto, and, subsequently, C. Cattabriga and M. Moretto):                and the weightings applied thereto (OJ 1999 L 327, p. 1), back
Application for annulment of Commission Decision C(1999)                     pay for the applicants in respect of the period from 15 May to
1502 of 4 June 1999 cancelling financial assistance previously               31 December 1999 and the pays slips drawn up in respect of
granted to the applicant by the European Agricultural Guid-                  the applicant since January 2000 — the Court of First Instance
ance and Guarantee Fund, Guidance Section (EAGGF Guidance                    (Second Chamber), composed of R.M. Moura Ramos, President,
Section), the Court of First Instance (Fifth Chamber), composed              J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator,
of: J.D. Cooke, President, R. García-Valdecasas and P. Lindh,                for the Registrar, gave a judgment on 25 September 2002, the
Judges; J. Palacio González, Administrator, for the Registrar,               operative part of which is as follows:
has given a judgment on 26 September 2002, in which it:
                                                                             1.     There is no need to adjudicate on Case T-201/00 with regard
1.     Dismisses the action;                                                        to Mr Kienersberger and his dependants.
                                                                             2.     The applications are dismissed.
2.     Orders the applicant to pay all the costs.
                                                                             3.     The parties shall bear their own costs.
( 1) OJ C 333 of 20.11.1999.
                                                                             (1 ) OJ C 285 of 7.10.2000 and OJ C 45 of 10.2.2001.