CELEX: C2001/186/24
Language: en
Date: 2001-06-30 00:00:00
Title: Case T-94/01: Action brought on 27 April 2001 by Astrid Hirsch against the European Central Bank.

C 186/16              EN                     Official Journal of the European Communities                                     30.6.2001
In support of her claim the applicant alleges:                          Pleas in law and main arguments
—    Infringement of the selection notice, of essential pro-            The applicant seeks the annulment of the decision of the
     cedural requirements, and of the rules governing the               ECB of 25 September 2000 refusing her the benefit of an
     operation of selection boards (principle of independence);         educational allowance, and the decisions of the ECB of
                                                                        21 December 2000, rejecting the appellant’s administrative
—    The existence, in casu, of a manifest error of assessment;         review, and of 20 February 2000, rejecting the appellant’s
                                                                        grievance.
—    Breach of the obligation to provide reasons;
—    Infringement of the principle of transparency;                     The educational allowance was refused to the applicant on the
                                                                        basis of Article 19 of the Conditions of Employment of the
                                                                        staff of the ECB. According to that article, members of the staff
—    Infringement of the principle of equal treatment.
                                                                        of the ECB who are entitled to an expatriation allowance of
                                                                        16 % are also entitled to an educational allowance for each
                                                                        dependent child until the establishment of a European school
                                                                        in the Frankfurt area. The applicant has the German nationality
                                                                        and is therefore not entitled to an expatriation allowance.
                                                                        According to the ECB she is for this reason also not entitled to
                                                                        an educational allowance for her oldest child.
                                                                        The applicant claims:
                                                                        —     that this difference in treatment between staff members
Action brought on 27 April 2001 by Astrid Hirsch against                      entitled to an expatriation allowance and those who are
                 the European Central Bank.                                   not entitled to an expatriation allowance, is unjustified
                                                                              and therefore constitutes a breach of the principle of non-
                                                                              discrimination.
                         (Case T-94/01)
                                                                        —     that the administration has failed in its obligation of
                                                                              due care since it has not taken into consideration the
                        (2001/C 186/24)                                       applicant’s situation.
                  (Language of the case: English)
An action against the European Central Bank was brought
before the Court of First Instance of the European Communities
on 27 April 2001 by Astrid Hirsch, resident in Germany,                 Action brought on 4 May 2001 by Gérard Goget, Pierre
represented by Georges Vandersanden and Laure Levi, of                  Huge and Emmanuel Gabolde v Court of Auditors of the
DeBacker Association, Brussels (Belgium).                                                   European Communities
The applicant claims that the Court should:                                                       (Case T-95/01)
—    annul the decision of the European Central Bank of                                          (2001/C 186/25)
     25 September 2000 refusing the applicant the benefit of
     the education allowance and therefore the reimbursement
     of the tuition fees that the applicant has to pay for                                 (Language of the case: French)
     the attendance of her son at the Internationale Schule
     Frankfurt and, if necessary, annul the decisions of the
     European Central Bank of 21 December 2000 rejecting                An action against the Court of Auditors of the European
     the applicant’s administrative review and of 20 February           Communities was brought before the Court of First Instance
     2000 rejecting the applicant’s grievance;                          on 4 May 2001 by Gérard Goget, residing in Hettange-Grande,
                                                                        France, Pierre Huge, residing in Bonnevoie, Grand Duchy of
—    order the ECB to reimburse the tuition fees amounting to           Luxembourg, and Emmanuel Gabolde, residing in Metz,
     EUR 11 370,00 for the school year 2000-2001 and of                 France, represented by the lawyer André Soulier, with an
     future tuition fees for the future school years, with an           address for service in Luxembourg.
     interest of 8 % per year from 1 of September of each year
     until the due payment, and order the ECB to reimburse              The applicants claim that the Court of First Instance should:
     the installation fees amounting to EUR 5 922 with an               —     Annul the decision of 22 February 2001 with all the
     interest of 8 % per year from 1 of September 2001;                       consequences in law;
—    order the ECB to pay the costs.                                    —     Order the defendant to pay the costs.