CELEX: C2003/083/45
Language: en
Date: 2003-04-05 00:00:00
Title: Judgment of the Court of First Instance of 30 January 2003 in Case T-307/00: C v Commission of the European Communities (Officials — Orphan's pension — Fourth paragraph of Article 80 of the Staff Regulations — Parents' civil status — Equal treatment)

5.4.2003                EN                       Official Journal of the European Union                                             C 83/19
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              2.     In Case T-303/00:
                                                                                —    annuls the Commission’s decision contained in the note of
                        of 30 January 2003                                           13 December 1999 relating to the applicant’s pension
                                                                                     rights;
                                                                                —    dismisses the remainder of the action;
in Joined Cases T-303/00, T-304/00 and T-322/00: Manuel
Francisco Caballero Montoya and Others v Commission                             —    orders the Commission to pay the costs.
               of the European Communities ( 1)
                                                                         3.     In Case T-304/00:
(Officials — Transfer to the Community pension scheme of                        —    annuls the Commission’s decision contained in the note of
pension rights acquired under a national social security                             15 December 1999 relating to the applicant’s pension
scheme — Late transfer — Interest paid after transfer —                              rights;
Commission’s refusal to review the calculation of the pension
                                                                                —    dismisses the remainder of the action;
rights of the officials concerned and to pay them part of that
                              interest)                                         —    orders the Commission to pay the costs;
                                                                         4.     In Case T-322/00:
                          (2003/C 83/44)
                                                                                —    annuls the Commission’s decisions contained in the notes
                                                                                     of 15 December 1999 relating to the applicants’ pension
            (Languages of the case: Spanish and French)                              rights;
                                                                                —    orders the Commission to pay the costs.
                                                                         (1 ) OJ C 372, 23 December 2000, C 355, 9 December 2000 and
                                                                              C 335, 25 November 2000.
In Joined Cases T-303/00, T-304/00 and T-322/00: Manuel
Francisco Caballero Montoya, former official of the Com-
mission of the European Communities, residing in Brussels,
María Jesús Sáez Acevedo, an official of the Commission of
the European Communities, residing in Brussels, represented
by J.R. Iturriagagoitia Bassas, lawyer, Cecilio Alonso de Miguel,
residing in Bornem-Wintam (Belgium), Miguel Baena Durán,                      JUDGMENT OF THE COURT OF FIRST INSTANCE
residing in Torremolinos (Spain), Lucrecio Blázquez Rubia,
Juan Antonio Campos Morales, Jaime Cavanillas Junquera,                                          of 30 January 2003
Carlos Fernández Liébana, Ricardo García Ayala, Luis García
Collados, Pilar Gil Soria, Joaquín López Madruga, Martín                 in Case T-307/00: C v Commission of the European
Minguella Giné, Ramón Oviedo Bussells, Giovanni Ouzonoff                                           Communities ( 1)
Popoff, Raquel Sevilla García, Alfonso Solloa Inchaurtieta, José
Trimiño Pérez, residing in Brussels, Juan Cornet Prat, residing
                                                                         (Officials — Orphan’s pension — Fourth paragraph of
in Overijse (Belgium), José Luis Gallego LaPeña, Manuel Puerta
                                                                         Article 80 of the Staff Regulations — Parents’ civil status
García, residing in Kraainem (Belgium), Lorenzo Sánchez
                                                                                                 — Equal treatment)
García, residing in Algiers (Algeria), Kaethe Sommerau Ro-
schinsky, residing in Buenos Aires (Argentina), officials or
former officials of the Commission of the European Communi-                                         (2003/C 83/45)
ties, represented by J.-N. Louis and V. Peere, lawyers, with an
address for service in Luxembourg, against Commission of the                                 (Language of the case: French)
European Communities (Agents: J. Currall, J. Rivas Andrés
and J. Gutiérrez Gisbert) -application for annulment of the
Commission’s decisions contained in notes of 13 December                 In Case T-307/00: C, an official of the Commission of the
1999 relating to the applicant in Case T-303/00 and of                   European Communities, residing in Brussels, represented by J.-
15 December 1999 relating to the applicants in Cases T-304/              N. Louis and V. Peere, lawyers, with an address for service in
00 and T-322/00 refusing to review the calculation of their              Luxembourg, against Commission of the European Communi-
pension rights — the Court of First Instance (Third Chamber),            ties (Agents: F. Anton and A. Pillette) — application for
composed of M. Jaeger, President, K. Lenaerts and J. Azizi,              annulment of the Commission’s decision of 25 November
Judges; B. Pastor, Deputy Registrar, has given a judgment on             1999 refusing to award an orphan’s pension to the applicant’s
30 January 2003, in which it:                                            child — the Court of First Instance (Fourth Chamber, Extended
                                                                         Composition), composed of M. Vilaras, President, V. Tiili,
                                                                         J. Pirrung, P. Mengozzi and A.W.H. Meij, Judges; J. Palacio
1.    Joins Cases T-303/00, T-304/00 and T-322/00 for the                González, Registrar, has given a judgment on 30 January
      purposes of the judgment;                                          2003, in which it:
 ---pagebreak--- C 83/20                   EN                          Official Journal of the European Union                                          5.4.2003
1.     Annuls the Commission’s decision of 25 November 1999                   Action brought on 10 January 2003 by Colette Di Marzio
       refusing to award an orphan’s pension to the applicant’s child;            against Commission of the European Communities
2.     Orders the Commission to pay the costs, except those incurred
       by the Council of the European Union and those incurred by
                                                                                                        (Case T-14/03)
       the applicant as a consequence of the Council’s intervention;
3.     Orders the Council to bear its own costs.
                                                                                                       (2003/C 83/47)
( 1) OJ C 335, 25 November 2000.
                                                                                                  (Language of the case: French)
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                  An action against the Commission of the European Communi-
                                                                              ties was brought before the Court of First Instance of the
                                                                              European Communities on 10 January 2003 by Colette Di
                          of 28 January 2003                                  Marzio, residing in Ginasservis (France), represented by Geor-
                                                                              ges Vandersanden and Laure Levi, lawyers.
in Case T-138/01: F v Court of Auditors of the European
                            Communities (1)
                                                                              The applicant claims that the Court should:
(Officials — Reassignment — Legitimate expectations —
             Action for annulment and compensation)
                                                                              —    annul the appointing authority’s decision to make a
                             (2003/C 83/46)                                        deduction from the applicant’s salary corresponding, for
                                                                                   the months of October, November and December 2001,
                                                                                   to the weighting for France and the expatriation allow-
                     (Language of the case: French)                                ance;
                                                                              —    annul the decision of an unknown date depriving the
In Case T-138/01: F, an official of the Court of Auditors of the                   applicant of the fixed allowance (the ‘secretarial allow-
European Communities, residing in Luxembourg, represented                          ance’) referred to in Article 4a of Annex VII to the Staff
by P. Goergen, lawyer, with an address for service in Luxem-                       Regulations with effect from October 2000;
bourg, against Court of Auditors of the European Communities
(Agents: J.-M. Stenier, P. Giusta and B. Schäfer) — application,
firstly, for annulment of the decision of the Court of Auditors               —    annul the decision of an unknown date depriving the
of 4 December 2000 reassigning the applicant to the trans-                         applicant of the annual travel allowance provided for in
lation service and, secondly, for compensation for the non-                        Article 8 of Annex VII to the Staff Regulations for 2001;
material damage alleged by the applicant, the Court (Second
Chamber), composed of R.M. Moura Ramos, President, and
J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator,               —    reinstate all the applicant’s pecuniary rights, which entails
for the Registrar, has given a judgment on 28 January 2003,                        payment of the weighting for France and the expatriation
in which it:                                                                       allowance for October, November and December 2001;
                                                                                   payment of the fixed allowance (the ‘secretarial allow-
1.     Annuls the decision of the Court of Auditors of 4 December                  ance’) referred to in Article 4a of Annex VII to the Staff
       2000 reassigning the applicant to the translation service.                  Regulations for the period from 1 January 2001; payment
                                                                                   of the annual travel allowance provided for in Article 8
                                                                                   of Annex VII to the Staff Regulations for the whole of
2.     Dismisses the remainder of the application.
                                                                                   2001; plus interest on all those amounts at the rate of
                                                                                   5,25 % per annum until full payment is made;
3.     Orders the Court of Auditors to pay the costs, including those
       relating to the interlocutory proceedings in Case T-138/01 R.
                                                                              —    order the defendant to pay damages assessed, on an
                                                                                   equitable basis, at EUR 10 000;
( 1) OJ C 259 of 15.9.2001.
                                                                              —    order the defendant to pay all the costs.