CELEX: C1999/001/34
Language: en
Date: 1999-01-04 00:00:00
Title: Action brought on 9 November 1998 by Jean-François Ferrandi against the Commission of the European Communities (Case T-183/98) (1999/C 1/34)

4.1.1999            EN                  Official Journal of the European Communities                                     C 1/17
At the beginning of 1994, the Niedersächsische Landesent-          The applicant claims that the Court should:
wicklungsgesellschaft mbH (Nileg), which is wholly
owned by the Land Niedersachsen, acquired Westerkamp
along with other pieces of land, but insisted on the               Ð annul the implicit decision of the Commission
removal of the converter steel dusts. The applicant was                 rejecting the applicant's complaint of 6 April 1998;
therefore assigned the task under a business management
contract between it and Nileg of ensuring the appropriate
recycling or disposal of those filter dusts, for which it          Ð declare that complaint admissible and well founded,
received the sum of DEM 61 640 000.                                     and confirm that the applicant is entitled to sickness
                                                                        cover, to have his pension recalculated, to the transfer
                                                                        of his additional retirement pension entitlement
                                                                        acquired by voluntary contributions in France and to
In the contested decision, the Commission regarded the                  an invalidity pension;
payment of that amount to the applicant, inter alia, as aid
incompatible with the ECSC Treaty and the common
market, which was improperly paid without prior                    Ð order the defendant to pay all the costs.
notification to the Commission in accordance with
Article 6 of Decision No 2496/96/ECSC. It further
required the Federal Republic of Germany to annul that             The applicant further claims that the Court should:
aid and demand its repayment.
                                                                   Ð award compensation for the damage suffered by him,
The applicant maintains that the Commission has                         the amount of which he reserves the right to quantify;
misinterpreted Article 4(c) of the ECSC Treaty, and
wrongly assumed in its decision that the payments by
Nileg of DEM 61 640 000 constituted aids.                          Ð order the Commission to pay the sum of FRF 50 000
                                                                        in respect of irrecoverable expenses which it would be
                                                                        inequitable for him to have to bear.
The Commission gave no explanation in the contested
decision as to why the amount paid on the basis of a               Pleas in law and main arguments adduced in support:
bilateral contract between the applicant and Nileg
constituted aid. On the contrary, the payments were made
pursuant to a bilateral business management contract               The applicant, a former official of the Commission,
containing no aid elements. Even in the course of the              contests the defendant's refusal to allow his claim
implementation of the exchange contract, no facts arose            concerning, in particular:
which were relevant to aids. In reality, the expenditure
incurred by the applicant in fulfilment of the exchange
contract was significantly higher than the consideration           Ð the transfer to the Community scheme of the
stipulated and paid under the contract.                                 additional pension rights acquired by way of voluntary
                                                                        contributions in France in respect of the period from
                                                                        1972 to 1974, when he worked abroad;
                                                                   Ð the need to recalculate his pension on the basis of his
                                                                        present age;
Action brought on 9 November 1998 by Jean-FrancËois
Ferrandi against the Commission of the European                    Ð his loss of entitlement to national social security cover;
                       Communities                                      and
                     (Case T-183/98)
                      (1999/C 1/34)                                Ð non-payment of an invalidity pension.
                                                                   He states, with regard to his situation, that he was
               (Language of the case: French)
                                                                   removed from his post and then subsequently reinstated
                                                                   pursuant to a judgment delivered by the Court of Justice
                                                                   in January 1985. Upon his falling ill following his
An action against the Commission of the European                   reinstatement and applying for the benefits payable under
Communities was brought before the Court of First                  Articles 73 and 78 of the Staff Regulations, only Article 73
Instance of the European Communities on 9 November                 was applied to him. In 1993 he applied for early
1998 by Jean-FrancËoise Ferrandi, residing in Ajaccio              retirement; that application was ultimately granted.
(France), represented by Jean-Baptiste Giuseppi, of the            Finally, the Commission re-employed him on a contractual
Ajaccio Bar, with an address for service in Luxembourg at          basis for a period of five years, but its financial controller
the Chambers of J. L. Biancarelli, 18 Rue J. P. Brasseur.          did not validate that contract.
 ---pagebreak--- C 1/18               EN                  Official Journal of the European Communities                                4.1.1999
With regard to the pleas in law and main arguments upon                    Removal from the register of Case T-68/94 (1)
which he relies, the applicant merely states that:                                           (1999/C 1/35)
Ð he started once again to draw his retirement pension
                                                                                  (Language of the case: German)
    at the age of 54; consequently, there appear to be
    justifiable reasons for recalculating that pension;
                                                                    By order of 23 October 1998 the President of the Fourth
Ð he was unable to apply for the transfer of the pension            Chamber (Extended Composition) of the Court of First
    rights in issue until such time as he had the                   Instance of the European Communities ordered the
    opportunity of acquiring them by voluntary                      removal from the register of Case T-68/94: Edoard Arends
    contributions, which recently became possible in                v. Commission of the European Communities.
    France. He considers in that regard that it is
    particularly unjust and inconsistent, in view of the            (1) OJ C 103, 11.4.1994.
    events which have occurred, to invoke a time-bar
    against him. In addition, the meagreness of his pension
    is such that, in his view, an exception should be made
    in his case, that exception being justifiable on the
    ground of ordinary common sense;
                                                                           Removal from the register of Case T-264/94 (1)
Ð he does not enjoy the benefit of Community medical
                                                                                             (1999/C 1/36)
    cover, even though he is no longer covered under any
    national scheme.
                                                                                    (Language of the case: Dutch)
Lastly, the applicant states that he is not in receipt of any
invalidity pension, despite the fact that his invalidity has        By order of 3 November 1998 the President of the Fourth
been recognised by the Commission. He pleads in that                Chamber (Extended Composition) of the Court of First
regard infringement of Article 78 of the Staff Regulations,         Instance of the European Communities ordered the
which he had asked to be applied to him, inasmuch as the            removal from the register of Case T-264/94: A. G. van den
Commission refused that request on the pretext of his               Akker v. Council of the European Union and Commission
future removal from his post, at a time when he was still           of the European Communities.
an official.
                                                                    (1) OJ C 275, 1.10.1994.