CELEX: C2001/317/63
Language: en
Date: 2001-11-10 00:00:00
Title: Case T-204/01: Action brought on 5 September 2001 by Maria-Luise Lindorfer against the Council of the European Union

C 317/32               EN                      Official Journal of the European Communities                                    10.11.2001
In support of her claims, the applicant submits:                          principle of equal treatment and freedom of movement for
                                                                          workers. The conversion to the Community pension system of
—     Arbitrariness and failure to state reasons, in that, first, the     the pension rights acquired by the applicant in Austria before
      administration changed its mind as to whether certain               her entry into service constitutes, in her view, discrimination
      medicines were reimbursable and, secondly, the principle            based on grade, sex, age and nationality.
      of the doctor’s free choice of medicines was disregarded
      in this case;
—     Breach of the principle of legitimate expectation and of
      the duty to have regard for the welfare of officials.
                                                                          Action brought on 6 September 2001 by André Ronsse
                                                                            against the Commission of the European Communities
                                                                                                   (Case T-205/01)
Action brought on 5 September 2001 by Maria-Luise
   Lindorfer against the Council of the European Union
                                                                                                   (2001/C 317/64)
                         (Case T-204/01)
                                                                                              (Language of the case: French)
                         (2001/C 317/63)
                                                                          An action against the Commission of the European Communi-
                    (Language of the case: French)                        ties was brought before the Court of First Instance of the
                                                                          European Communities on 6 September 2001 by André
                                                                          Ronsse, resident in Brussels, represented by Eric Boigelot,
An action against the Council of the European Union was
                                                                          lawyer, with an address for service in Luxembourg.
brought before the Court of First Instance of the European
Communities on 5 September 2001 by Maria-Luise Lindorfer,
resident in Brussels, represented by Georges Vandersanden,
                                                                          The applicant claims that the Court should:
Laure Levi and Dominique Dugois, lawyers.
                                                                          —      annul the decision taken on 9 November 2000 by the
The applicant claims that the Court should:                                      Appointing Authority concerning the reimbursement of
                                                                                 the household allowance considered by the Appointing
—     annul the defendant’s decision of 3 November 2000                          Authority to have been overpaid since 1 January 1994;
      fixing at 5 years, 5 months and 8 days the number of
      years of pensionable service to be taken into account for           —      annul the decision, taken by the Appointing Authority on
      the applicant’s Community pension following the transfer                   23 November 2000, to recover the household allowance
      of her pension rights acquired in Austria prior to her                     previously overpaid since 1 January 1994
      entry into the service of the European Communities and,                    (22 433,07 Euros) from the applicant’s monthly pension,
      in so far as necessary, annul the Council decision, dated                  in 30 monthly payments of 770 Euros from December
      31 May 2001, to reject the applicant’s complaint of                        2000 to May 2003 inclusive and a monthly payment of
      2 February 2001;                                                           15,89 Euros in June 2003;
—     order the defendant to fix again, on an amended legal               —      in any event, whatever the decision on the substance of
      basis devoid of all illegality, the years of pensionable                   the case, authorise his repayment arrangements to be
      service to be taken into account for the applicant’s                       made more flexible than those presently imposed on him,
      Community pension following the transfer of her pension                    with average monthly payments of a maximum of
      rights acquired in Austria;                                                385 Euros;
—     order the defendant to pay all the costs.                           —      order, in any event, the defendant to pay the costs.
Pleas in law and main arguments
                                                                          Pleas in law and main arguments
In support of her action, the applicant raises an objection to
the legality of Article 11(2) of Annex VIII to the Staff                  The applicant in the present case, a retired official, states that,
Regulations and Articles 10.3 and 10.4 of the Council decision            according to the Appointing Authority, he unduly received
fixing the general provisions for giving effect to Article 11(2).         household allowance from 1 January 1994 to 31 October
According to the applicant, those articles, which form the legal          2000 and that, on the basis of Article 85, the Staff Regulations,
basis of the contested measure, constitute a breach of the                it is seeking to recover the amount overpaid.