CELEX: C2003/239/47
Language: en
Date: 2003-10-04 00:00:00
Title: Case T-283/03: Action brought on 8 August 2003 by Lucía Recalde Langarica against Commission of the European Communities

C 239/26                EN                         Official Journal of the European Union                                           4.10.2003
The applicant argues in this connection that, in this case, the            The applicant states in that regard that the contested decision
facts of the dispute, which dates back to 1995, are brought                replaces another decision which the Court of First Instance
before the Community court for a third time, yet the Com-                  of the European Communities annulled by judgment of
mission has still not properly completed what it ought to have             20 September 2001 (1).
done in 1995, namely to conduct an assessment of whether
ascertained variations from the object, structure and purpose
of the original subsidised project are in conformity.                      In support of here claims, the applicant puts forward the
                                                                           following pleas:
( 1) ECR I-6831.
( 2) Case T-241/00 ECR II-1251.                                            —      Breach of the rights of defence, given the absence of a
                                                                                  complete file.
                                                                           —      Manifest error in the assessment of the facts and, in
                                                                                  particular, in the assessment of the place of main
                                                                                  occupation or habitual residence during the reference
                                                                                  period. In the alternative, the applicant claims that the
                                                                                  Commission ignored the fact that the applicant’s stay in
Action brought on 8 August 2003 by Lucía Recalde                                  Brussels never exceeded the reference period and, further
Langarica against Commission of the European Com-                                 in the alternative, that it did not apply the ‘work done for
                              munities                                            another State’ exception in Article 4 of Annex VII to the
                                                                                  Staff Regulations.
                          (Case T-283/03)
                                                                           (1 ) Case T-344/99 Recalde Langarica v Commission [2001] ECR-SC
                                                                                IA-183; II-833).
                          (2003/C 239/47)
                   (Language of the case: Spanish)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 8 August 2003 by Lucía Recalde                     Action brought on 18 August 2003 by S.I.M. SA. srl
Langarica, residing in Brussels, represented by D. Ramón                      against the Commission of the European Communities
García-Gallardo and M. Dolores Domínguez Pérez, lawyers.
                                                                                                     (Case T-287/03)
The applicant claims that the Court should:
                                                                                                     (2003/C 239/48)
—      annul the Decision of 8 May 2003 rejecting the applicant’s
       complaint seeking formal and definitive annulment of
       the decision withdrawing her entitlement under the                                       (Language of the case: Italian)
       Staff Regulations to the expatriation allowance and
       confirmation of her entitlement to that allowance and
       also to other related allowances; and
—      order the defendant to pay all the costs.                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
                                                                           European Communities on 18 August 2003 by S.I.M. SA. srl,
                                                                           represented by M.A. Calabrese.
Pleas in law and main arguments
                                                                           The applicant claims that the Court should:
The present action is brought against the decision whereby the
appointing authority rejected the applicant’s complaint seeking            —      annul the Commission’s letter of 30 April 2002 D/52107,
formal and definitive annulment of the decision refusing her                      COMP/G1/D(02)400 PI/cpb, of which the applicant has
entitlement under the Staff Regulations to the expatriation                       not had sight, whereby the Commission consulted the
allowance and confirmation of her entitlement to that allow-                      Italian authorities, inviting them to express their assent
ance, together with other related allowances, such as, specifi-                   or dissent to the release to a party other than the applicant
cally, the allowance for the costs of installation at her present                 of the documents of which the applicant has requested
place of work.                                                                    copies;