CELEX: C2003/171/32
Language: en
Date: 2003-07-19 00:00:00
Title: Judgment of the Court of First Instance of 7 May 2003 in Case T-23/01: Eugène Émile Marie Kimman against Commission of the European Communities (Officials — Annual leave — Posting to a third country — Objection of illegality)

C 171/22                EN                           Official Journal of the European Union                                             19.7.2003
                                                           COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                         of 7 May 2003
                       of 26 February 2003
                                                                             in Case T-23/01: Eugène Émile Marie Kimman against
                                                                                     Commission of the European Communities ( 1)
in Case T-184/00: Zisis Khristou Drouvis v Commission
                of the European Communities ( 1)                             (Officials — Annual leave — Posting to a third country —
                                                                                                     Objection of illegality)
                                                                                                        (2003/C 171/32)
(Officials — Pensions — Weighting — Legality of
Article 82(1), second paragraph, of the Staff Regulations —                                        (Language of the case: French)
Principle of equal treatment — Principles of freedom of
movement for workers and freedom of establishment within
                          the Community)
                                                                             In Case T-23/01: Eugène Émile Marie Kimman, official of
                                                                             the Commission of the European Communities, residing in
                                                                             Overijse (Belgium), represented by N. Lhoëst, lawyer, with an
                          (2003/C 171/31)                                    address for service in Luxembourg, against Commission of the
                                                                             European Communities (Agents: H. Tserepa-Lacombe and
                                                                             F. Clotuche-Duvieusart) — application for annulment of the
                     (Language of the case: Greek)                           decision of 25 May 2000 by which the Commission reduced
                                                                             the applicant’s annual leave for 2000 by one day — the Court
                                                                             of First Instance (First Chamber), composed of B. Vesterdorf,
                                                                             President, N.J. Forwood and H. Legal, Judges; D. Christensen,
                                                                             Administrator, for the Registrar; has given a judgment on
In Case T-184/00 Zisis Khristou Drouvis, a former official of                7 May 2003 in which it:
the Commission of the European Communities, residing in
Maroussi, Attica (Greece), represented by I. Stamoulis, lawyer,              1.     Annuls the decision of the Commission of 25 May 2000 in so
with an address for service in Luxembourg, against the                              far as it reduces the applicant’s annual leave for 2000 by one
Commission of the European Communities (Agents: J. Currall                          day;
and P. Anestis), supported by the Council of the European                    2.     Orders the Commission to pay the costs.
Union (Agents: D. Zahariou and A. Pilette) — application
seeking the amendment of the Commission’s decision, notified
to the applicant on 30 November 1999, determining his                        (1 ) OJ C 95, 24. 3. 2001.
pension and applying the weighting for Greece, so that the
weighting applied is the same as that on pensions paid to
pensioners residing in the United Kingdom or, in the alterna-
tive, the same as that on pensions paid to pensioners residing
in Belgium — the Court of First Instance (Fourth Chamber),
                                                                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
composed of M. Vilaras, President, V. Tiili and P. Mengozzi,
Judges; B. Pastor, Deputy Registrar, gave a judgment on
                                                                                                        of 20 May 2003
26 February 2003, in which it:
                                                                             in Case T-80/01: Barbara Diehl-Leistner against Com-
                                                                                        mission of the European Communities (1)
1.     Dismisses the application.
                                                                             (Officials — Open competitions — Oral test — Exclusion
2.     Orders each of the parties to bear their own costs.                   from the list of successful candidates — Knowledge of
                                                                             languages of the members of the selection board — Equal
                                                                                                            treatment)
3.     Orders the Council to bear its own costs.
                                                                                                        (2003/C 171/33)
                                                                                                  (Language of the case: German)
( 1) OJ No C 335 of 25.11.00.
                                                                             In Case T-80/01: Barbara Diehl-Leistner, residing in Luxem-
                                                                             bourg, represented by L. Thielen, lawyer, against Commission