CELEX: C1996/046/26
Language: en
Date: 1996-02-17 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 December 1995 in Case T-285/94, Fred Pfloeschner v. Commission of the European Communities (Officials - Pensions - Weighting for Switzerland - Former official of Swiss nationality - Objection alleging illegality of Regulation No 2175/85)

No C 46/ 14            EN                  Official Journal of the European Communities                                      17. 2 . 96
 JUDGMENT OF THE COURT OF FIRST INSTANCE                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 14 December 1995                                                      ( Fourth Chamber)
in Case T-285/94, Fred Pfloeschner v. Commission of the                                       of 9 January 1996
                  European Communities ( ')                           in Case T-368/94 : Pierre Blanchard v. Commission of the
(Officials — Pensions — Weighting for Switzerland —                                       European Communities ( a )
Former official of Swiss nationality — Objection alleging
                                                                      (StaffRegulations — Staff Committee — Elections — Right
            illegality of Regulation No 2175/85)                      of trade unions or staff associations to submit several
                          ( 96/C 46/26 )                                                               lists )
                                                                                                  ( 96/C 46/27)
                (Language of the case: French)
                                                                                        (Language of the case: French)
In Case T-285/94 : Fred Pfloeschner, a former official of the
                                                                      In Case T-368/94 : Pierre Blanchard, an official of the
Commission of the European Communities, residing in
Geneva,       Switzerland,       represented     by     Georges
                                                                      Commission of the European Communities, represented by
Vandersanden, of the Brussels Bar, with an address for                Marc-Albert Lucas, of the Liege Bar, with an address for
service in Luxembourg at the offices of Fiduciaire Myson              service in Luxembourg at the Chambers of Evelyn Korn, 21
Sari , 1 Rue Glesener, against Commission of the European             Rue de Nassau, supported by Union Syndicale-Bruxelles
Communities ( Agents: Joseph Griesmar, Denis Waelbroeck               ( European Public Service Union ), whose headquarters are in
and, in the hearing, Ana Maria Alves Vieira ), supported by           Brussels, represented by Luc Misson and, at the hearing, by
the Council of the European Union ( Agents : Yves Cretien             Beatrice Rixhon, both of the Liege Bar, with an address for
and Diego Canga ) — application for annulment of the                  service in Luxembourg at the Chambers of Evelyne Korn, 2 1
Commission decision contained in the applicant's                      Rue de Nassau, against the Commission of the European
retirement pension statement for December 1993 , in so far            Communities ( Agent: Gianluigi Valsesia ) — application for
                                                                      annulment of the decisions of the electoral office contained
as it applies a weighting of 100, and for an order that the
Commission draw from the judgment annulling that                      in the notes of 3 and 8 November 1994 from its president,
                                                                      addressed to the applicant in his capacity as political
statement all the appropriate conclusions in law regarding
                                                                      secretary fo the European Public Service Union, and in the
both the retirement pension and the survivor's pension —
the Court of First Instance ( Second Chamber ), composed of           president's oral decision of 8 November 1994 refusing
B. Vesterdorf, President of the Chamber, D. P. M.                     acceptance for the elections to the local section of the Staff
Barrington and A. Saggio, Judges; Registrar: J. Palacio               Committee of a list in which 27 pairs of candidates from the
                                                                      Research/European Public Service Union list had been
Gonzalez, gave a judgment on 14 December 1995 , the
                                                                      re-submitted under a name in which the designation
operative part of which is as follows :
                                                                      'European Public Service Union' did not appear — the Court
                                                                      of First Instance ( Fourth Chamber ), composed of D. P. M.
                                                                      Barrington, President, K. Lenaerts and P. Lindh, Judges; J.
 1 . the applicant's pension statement for December 1 993 is          Palacio Gonzalez, Administrator, for the Registrar, gave a
     annulled in so far as it applies a weighting of 1 00;            judgment on 9 January 1996, in which it:
2 . the Commission is ordered to pay the applicant default             1 . annuls the two decisions of the electoral office of
     interest at the rate of 8% per annum on the arrears of                  8 November 1994, without prejudice to the result of the
     pension; that interest shall be calculated with effect from             elections to the Staff Committee held on 31 January, 1
     the various dates on which the amounts payable under                    and 2 February 1 995, and rejects the remainder of the
     the pension scheme should have been paid until the date                 action for annulment;
     of actual payment;
                                                                      2 . rejects the claim for compensation;
 3 . the Commission is ordered to pay the costs;
                                                                       3 . orders the Commission to pay the costs incurred by the
                                                                             applicant, including those relating to the proceedings for
 4 . the Council is ordered to bear its own costs .                          interim relief, as well as its own costs; orders the
                                                                             intervener to pay its own costs.
 (') OJ No C 304 , 29 . 10 . 1994 .
                                                                       ( 1 ) OJ No C 370, 24 . 12 . 1994 .