CELEX: C2003/019/63
Language: en
Date: 2003-01-25 00:00:00
Title: Judgment of the Court of First Instance of 12 November 2002 in Case T-271/01: José Manuel López Cejudo v Commission of the European Communities (Officials — Remuneration — Dependent child and education allowances paid to the parent awarded custody of the child — Refusal to grant the other parent payment of the allowances for the purpose of calculating tax rebate and expatriation allowance — Default interest)

25.1.2003               EN                        Official Journal of the European Communities                                           C 19/33
O. Slusny, lawyer, with an address for service in Luxembourg,                1.     Dismisses the application.
against Commission of the European Communities (Agent:
J. Currall) — application for the annulment of the implied                   2.     Orders the parties to bear their own costs.
rejection of the complaint lodged by the applicant against the
decision of the office responsible for settling claims of
                                                                             (1 ) OJ C 317 of 10.11.2001.
30 November 2000 refusing to reimburse expenses relating to
medicinal preparations prescribed by the doctor providing
treatment — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President, K. Lenaerts and J. Azizi,
Judges; D. Christensen, Administrator, for the Registrar, gave a
judgment on 7 November 2002, in which it:
                                                                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
1.     Dismisses the application.
                                                                                                     of 12 November 2002
2.     Orders the parties to bear their own costs.
                                                                             in Case T-271/01: José Manuel López Cejudo v Com-
                                                                                        mission of the European Communities (1)
( 1) OJ C 317 of 10.11.2001.
                                                                             (Officials — Remuneration — Dependent child and edu-
                                                                             cation allowances paid to the parent awarded custody of the
                                                                             child — Refusal to grant the other parent payment of the
                                                                             allowances for the purpose of calculating tax rebate and
                                                                                        expatriation allowance — Default interest)
                                                                                                          (2003/C 19/63)
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                       (Language of the case: French)
                       of 5 November 2002
                                                                             In Case T-271/01: José Manuel López Cejudo, an official
                                                                             working for the Commission of the European Communities,
in Case T-205/01: André Ronsse v Commission of the                           residing in Brussels, represented by G. Vandersanden and
                   European Communities ( 1)
                                                                             L. Levi, avocats, with an address for service in Luxembourg,
                                                                             against Commission of the European Communities (Agent:
(Officials — Remuneration — Household allowance —                            J. Currall) — First an application for annulment of the decision
                    Recovery of sum overpaid)                                of the Commission refusing to grant to the applicant, in
                                                                             respect of the period running from October 2000 to July
                                                                             2001, the dependent child and education allowances for the
                           (2003/C 19/62)                                    purpose of calculating tax abatement and the expatriation
                                                                             allowance and, second, a claim for default interest on the
                                                                             amounts improperly recovered or not paid — the Court of
                    (Language of the case: French)                           First Instance (Second Chamber), composed of R.M. Moura
                                                                             Ramos, President, J. Pirrung and A.W.H. Meij, Judges; J. Pling-
                                                                             ers, Administrator, for the Registrar, gave a judgment on
                                                                             12 November 2002, in which it:
In Case T-205/01: André Ronsse, an official of the Commission
of the European Communities, residing in Brussels, represented               1.     annuls the decision of the Commission, as evidenced by
by E. Boigelot, lawyer, with an address for service in Luxem-                       the applicant’s salary slip for October 2000, refusing him
bourg, against Commission of the European Communities                               entitlement to dependent child and education allowances to take
(Agents: J. Currall, F. Clotuche-Duvieusart and B. Wägenbaur)                       into account for purposes of tax abatement and expatriation
— application for, first, annulment of the decisions of the                         allowance since July 1999, as amended by the Commission’s
Commission contained in letters of 9 and 23 November 2000                           decision of 16 July 2001, insofar as the latter decision takes
and in so far as necessary in the letter of 15 January 2002 and                     account of the apportionment of the entitlement to the
the implied rejection of his complaint lodged on 8 February                         allowances in issue and of the benefits under them only in
2001, all relating to repayment of EUR 22 443,07 correspond-                        respect of the future.
ing to the household allowance paid to the applicant from
1 January 1994 to 1 November 2000 and, secondly, reim-                       2.     orders the Commission to pay to the applicant:
bursement of the amounts withheld from his pension since
December 2000, together with interest at the statutory rate —                       —     default interest, as from November 2000, on the capital
the Court of First Instance (First Chamber), composed of                                  amount of EUR 1 193,85 and, for each month from
B. Vesterdorf, President, N.J. Forwood and H. Legal, Judges;                              December 2000 and until September 2001,
J. Palacio González, Administrator, for the Registrar, gave a                             EUR 1 200 each month until those capital amounts are
judgment on 5 November 2002, in which it:                                                 repaid to him;
 ---pagebreak--- C 19/34                   EN                      Official Journal of the European Communities                                         25.1.2003
       —     default interest in respect of the benefits accruing to the          JUDGMENT OF THE COURT OF FIRST INSTANCE
             applicant under the allowances in issue, for each month
             from October 2000 until the date on which the decision
             of 16 July 2001 takes effect, until full payment of the
             amounts due.                                                                           of 25 October 2002
3.     orders the rate of default interest to be calculated on the basis
       of the rate fixed by the European Central Bank for main               in Case T-80/02: Tetra Laval BV v Commission of the
       refinancing operations, applicable in the period in question,                             European Communities ( 1)
       plus two points.
4.     orders the Commission to pay the costs.
                                                                             (Competition — Regulation (EEC) No 4064/89 — Decision
                                                                             ordering separation of undertakings — Article 8(4) of
( 1) OJ C 3 of 5.1.2002.                                                     Regulation No 4064/89 — Illegality of the decision declaring
                                                                             a concentration incompatible with the common market —
                                                                                        Ensuing illegality of the divestiture decision)
                                                                                                       (2003/C 19/65)
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 25 October 2002
                                                                                                 (Language of the case: English)
in Case T-5/02: Tetra Laval BV v Commission of the
                     European Communities ( 1)
(Competition — Regulation (EEC) No 4064/89 — Decision
declaring a concentration incompatible with the common                       In Case T-80/02, Tetra Laval BV, established in Amsterdam
market — Rights of the defence — Horizontal and vertical                     (Netherlands), represented by A. Vandencasteele, D. Wael-
effects — Foreseeable conglomerate effects — Leveraging —                    broeck, A. Weitbrecht and S. Völcker, lawyers, v Commission
   Potential competition — General effect of reinforcement)                  of the European Communities (Agents: A. Whelan and
                                                                             P. Hellström): Application for annulment of the Commission
                            (2003/C 19/64)                                   Decision of 30 January 2002 setting out measures in order to
                                                                             restore conditions of effective competition pursuant to Article
                     (Language of the case: English)                         8(4) of Council Regulation (EEC) No 4064/89 of 21 December
                                                                             1989 on the control of concentrations between undertakings
                                                                             (Case No COMP/M.2416 — Tetra Laval/Sidel), the Court of
                                                                             First Instance (First Chamber), composed of: B. Vesterdorf,
In Case T-5/02, Tetra Laval BV, established in Amsterdam                     President, J. Pirrung and N. J. Forwood, Judges; D. Christensen,
(Netherlands), represented by A. Vandencasteele, D. Wael-                    Administrator, for the Registrar, has given a judgment on
broeck, A. Weitbrecht and S. Völcker, lawyers, v Commission                  25 October 2002, in which it:
of the European Communities (Agents: A. Whelan and
P. Hellström): Application for annulment of Commission
Decision C (2001) 3345 final of 30 October 2001 declaring a
concentration to be incompatible with the common market                      (1) Annuls the Commission Decision of 30 January 2002
and the EEA Agreement (Case No COMP/M.2416 — Tetra                                  setting out measures in order to restore conditions of effective
Laval/Sidel), the Court of First Instance (First Chamber),                          competition pursuant to Article 8(4) of Council Regulation
composed of: B. Vesterdorf, President, J. Pirrung and N.J. For-                     (EEC) No 4064/89 of 21 December 1989 on the control of
wood, Judges; D. Christensen, Administrator, for the Registrar,                     concentrations between undertakings (Case No COMP/
has given a judgment on 25 October 2002, in which it:                               M.2416 — Tetra Laval/Sidel);
1.     Annuls Commission Decision C (2001) 3345 final of
                                                                             (2) Orders the Commission to bear its own costs and to pay those
       30 October 2001 declaring a concentration to be incompatible
       with the common market and the EEA Agreement (Case                           of the applicant, including those relating to the interim
       No COMP/M.2416 — Tetra Laval/Sidel);                                         proceedings.
2.     Orders the Commission to bear its own costs and to pay the
       costs of the applicant.
                                                                             (1 ) OJ C 156 of 29.6.2002.
( 1) OJ C 68 of 16.3.2002.