CELEX: C2002/289/69
Language: en
Date: 2002-11-23 00:00:00
Title: Case T-299/02: Action brought on 30 September 2002 by Carles Dedeu i Fontcuberta against the Commission of the European Communities

C 289/38               EN                      Official Journal of the European Communities                                     23.11.2002
In addition, the contested act infringes the principles of the            —     infringement of the principle of non-discrimination,
protection of legitimate expectations and of proportionality,                   inasmuch as the case involves a difference in treatment
in so far as the Italian State has been ordered by the defendant                between personal situations which are substantially the
to recover the alleged aid.                                                     same, since no account has been taken, for the purposes
                                                                                of calculating the reference period, of the periods of work
                                                                                completed, prior to their engagement, by certain officials
                                                                                employed in Brussels in offices of German Länder or of
                                                                                United Kingdom federations.
Action brought on 1 October 2002 by Anna Romero                           The applicant also pleads failure to comply with the obligation
Romeu against the Commission of the European Com-                         to provide a statement of reasons.
                             munities
                         (Case T-298/02)
                         (2002/C 289/68)
                   (Language of the case: Spanish)                        Action brought on 30 September 2002 by Carles Dedeu i
                                                                          Fontcuberta against the Commission of the European
                                                                                                    Communities
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                                         (Case T-299/02)
European Communities on 1 October 2002 by Anna Romero
Romeu, residing in Brussels, represented by Ramón García-
Gallardo Gil-Fournier and Javier Guillem-Carrau, lawyers.                                          (2002/C 289/69)
The applicant claims that the Court should:                                                  (Language of the case: Spanish)
—     annul the decision of the appointing authority of 10 June
      2002 in so far as it does not recognise the applicant’s
      entitlement to the expatriate allowance and, consequently,          An action against the Commission of the European Communi-
      her entitlement to the other associated allowances in               ties was brought before the Court of First Instance of the
      accordance with the decision in Lozano;                             European Communities on 30 September 2002 by Carles
                                                                          Dedeu i Fontcuberta, residing in Brussels (Belgium), represent-
—     order the defendant to pay all the costs.                           ed by R. García-Gallardo Gil-Fournier and J. Guillem-Carrau,
                                                                          lawyers.
Pleas in law and main arguments
                                                                          The applicant claims that the Court should:
By the present action, the applicant, an official of the defendant        —     annul the decision of 23 September 2002, implicit in the
institution, is contesting the appointing authority’s decision                  Commission’s silence, rejecting complaint 275/02, and
refusing to recognise her entitlement to the expatriation                       refusing to acknowledge his right to the expatriation
allowance (Article 4 of Annex VII to the Staff Regulations); in                 allowance and, therefore, other associated benefits, in
the applicant’s view, that allowance is due to her inasmuch as                  accordance with the judgment in Lozano;
her habitual residence and centre of interests during the
relevant period under the Staff Regulations was Barcelona and             —     order the Commission to pay the full costs.
not Brussels.
In support of her claims, the applicant pleads:
                                                                          Pleas in law and main arguments
—     commission of a manifest error of assessment of the facts,
      inasmuch as, first, the contested decision did not treat the
      work done for the representative office of a Spanish                The pleas in law and main arguments have already been put
      Autonomous Community in Brussels as ‘work done for                  forward in Case T-298/02 Ana Herrero Romeu v Commission.
      another State’ and, second, it failed to take account of the
      applicant’s personal situation as regards lasting links with
      the country of employment;