CELEX: C2004/118/76
Language: en
Date: 2004-04-30 00:00:00
Title: Judgment of the Court of First Instance of 21 April 2004 in Case T-313/01: R v Commission of the European Communities (Officials — Social security — Refusal of prior authorisation of a surgical procedure — Refusal on the ground of the exclusively cosmetic nature attributed by the administration to the operation — Infringement of the provisions of the Community rules)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/36
            
         
      JUDGMENT OF THE COURT OF FIRST INSTANCE
   
   of 21 April 2004
   in Case T-313/01: R v Commission of the European Communities (1)
   
   (Officials - Social security - Refusal of prior authorisation of a surgical procedure - Refusal on the ground of the exclusively cosmetic nature attributed by the administration to the operation - Infringement of the provisions of the Community rules)
   (2004/C 118/76)
   Language of the case: Greek
   In Case T-313/01: R, a Commission official residing in Brussels, represented by C. Tagaras, lawyer, against Commission of the European Communities (Agents: J. Currall and L. Lozano Palacios, assisted by P. Anestis, lawyer) – application for, first, annulment of the refusal of prior authorisation of a surgical procedure and, secondly, reimbursement of the costs of the operation at issue – the Court of First Instance (Fourth Chamber), composed of H. Legal, President, and V. Tiili and M. Vilaras, Judges; I. Natsinas (Administrator), Registrar, has given a judgment on 21 April 2004, in which it:
   
               1.
            
            
               Annuls the decision of 22 May 2001 rejecting the application for prior authorisation submitted by the applicant;
            
         
               2.
            
            
               Orders the Commission to reimburse the applicant 85 % of the cost of the surgical procedure as set out by the applicant's surgeon in his prescription of 16 May 2001;
            
         
               3.
            
            
               Orders the parties to determine by agreement the amount to be reimbursed to the applicant for the costs of the operation undergone according to the terms of the prescription and inform the Court of the agreed amount within a period of three months from the delivery of this judgment;
            
         
               4.
            
            
               Orders the parties, in the absence of agreement, to submit to the Court, within a period of three months from the delivery of this judgment, the figures they propose in respect of the amount to be reimbursed; and
            
         
               5.
            
            
               Reserves the costs, including those incurred for the purposes of the expert medical report.
            
         
      (1)  OJ C 44 of 16. 2. 2002.