CELEX: C2004/007/57
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court of First Instance of 23 October 2003 in Case T-279/01: Giorgio Lebedef v Commission of the European Communities (Officials — Staff report — Late preparation — Action for compensation)

C 7/32                  EN                         Official Journal of the European Union                                            10.1.2004
3.    Orders the Commission to bear its own costs.                             JUDGMENT OF THE COURT OF FIRST INSTANCE
(1) OJ C 3 of 5.1.2002.                                                                             of 21 October 2003
                                                                           in Case T-302/01: Gerhard Birkhoff v Commission of the
                                                                                                European Communities (1)
                                                                           (Officials — Article 2(5) of Annex VII to the Staff Regu-
                                                                           lations — Cancellation of an allowance for dependent child
                                                                               who has reached majority — Legitimate expectations)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                        (2004/C 7/58)
                        of 23 October 2003
                                                                                                (Language of the case: Italian)
in Case T-279/01: Giorgio Lebedef v Commission of the
                    European Communities (1)
(Officials — Staff report — Late preparation — Action for                  In Case T-302/01: Gerhard Birkhoff, former official of the
                           compensation)                                   Commission of the European Communities, now retired,
                                                                           residing in Weitnau (Germany), represented by V. Salvatore,
                                                                           lawyer, against Commission of the European Communities
                           (2004/C 7/57)                                   (Agents: J. Currall and A. Dal Ferro) — first, an application for
                                                                           annulment of the decision of the appointing authority of
                                                                           26 September 2001 rejecting the complaint brought by the
                    (Language of the case: French)                         applicant against the decision of the Commission of 4 July
                                                                           2001 by which it cancelled payment to the applicant of the
                                                                           dependent child allowance in respect of his daughter and of
                                                                           the decision of 4 July 2001 and, secondly, a claim for
                                                                           compensation for material and non-material damage — the
In Case T-279/01: Giorgio Lebedef, an official of the Com-                 Court of First Instance (Second Chamber), composed of
mission of the European Communities, residing in Senninger-                N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
berg (Luxembourg), represented by G. Bouneou and F. Frabetti,              H. Jung, Registrar, gave a judgment on 21 October 2003, in
lawyers, with an address for service in Luxembourg, against                which it:
Commission of the European Communities (Agent: J. Currall)
— application, first, for annulment of the Commission’s
decisions partially rejecting the applicant’s complaints seeking           1.    Annuls the decision of the Commission of 4 July 2001
damages to compensate him for the non-material damage                            cancelling, with effect from 1 July 2001, payment of the
caused by the delay in the preparation of the staff reports                      dependent child allowance in respect of the applicant’s daughter
concerning him for the periods 1995/1997 and 1997/1999                           who has reached majority.
and, secondly, for damages to compensate him for that non-
material damage — the Court of First Instance (Single Judge:
V. Tiili); I. Natsinas, Administrator, for the Registrar, has given        2.    Finds that there is no need to adjudicate on the claim for
a judgment on 23 October 2002, in which it:                                      compensation for the damage arising from the loss of cover in
                                                                                 respect of the applicant’s daughter by the EC Sickness Insurance
                                                                                 Fund, nor on the part of the claim seeking compensation for the
1.    Orders the Commission to pay the applicant the sum of                      tax consequences of the contested decision.
      EUR 1 500, in addition to the sum of EUR 619,73 already
      awarded by the Appointing Authority.                                 3.    Dismisses the remainder of the claim for compensation.
2.    Dismisses the remainder of the action.                               4.    Orders the Commission to pay two-thirds of the applicant’s
                                                                                 costs, including those incurred in the proceedings for interim
3.    Orders the Commission to pay the costs.                                    relief in the present case.
(1) OJ C 3 of 5.1.2002.                                                    (1) OJ C 44 of 16.2.2002.