CELEX: C2003/055/83
Language: en
Date: 2003-03-08 00:00:00
Title: Case T-384/02: Action brought on 18 December 2002 by Fernando Valenzuela Marzo against Commission of the European Communities

C 55/32                  EN                          Official Journal of the European Union                                        8.3.2003
Finally, the applicant alleges breach of the principle of                    Pleas in law and main arguments
proportionality and breach of the principle of the protection of
legitimate expectations based on the existence of Community
financing for the production and marketing of ‘Feta’.                        The applicant is an official at the Commission in Brussels. In
                                                                             June 2000, on taking up his appointment, he settled in
                                                                             Brussels. His spouse subsequently settled in Brussels with him
( 1) OJ L 277, p. 10.                                                        and organised the removal of the family, which took place on
( 2) Judgment in Joined Cases C-289/96, C-293/96 and C-299/96                11 April 2001, whilst continuing to be present at her
     Denmark and Others v Commission [1999] ECR I-1541.                      former home in Madrid, where their youngest daughter was
( 3) Council Regulation (EEC) No 2081/92 of 14 July 1992 on the              completing her secondary education. Consequently, his spouse
     protection of geographical indications and designations of origin       and daughter did not join him until July 2001, which they
     for agricultural products and foodstuffs (OJ L 208, p. 1).              declared to the Privileges and Immunities service.
                                                                             By the contested decision, the Commission refused to pay the
                                                                             applicant the second half of the installation allowance.
                                                                             In support of his action, the applicant pleads an error of law
                                                                             and a manifest error of assessment. According to the applicant,
Action brought on 18 December 2002 by Fernando                               the administration attached decisive importance to the declar-
Valenzuela Marzo against Commission of the European                          ations made by his spouse and daughter to the Privileges and
                            Communities                                      Immunities service. The applicant states that the concept of
                                                                             installation is a factual concept and that the text of the Staff
                                                                             Regulations does not prescribe any particular mode of proof.
                           (Case T-384/02)
                                                                             The applicant also pleads an error of law and an omission of
                           (2003/C 55/83)                                    essential facts, since the administration considered the period
                                                                             laid down by Articles 5(4) and 9(3) of Annex VII to the Staff
                                                                             Regulations to be a mandatory time-limit and did not consider
                      (Language of the case: French)                         the possibility of waiving it by reason of the complainant’s
                                                                             establishment as an official on taking up his appointment and
                                                                             the fact that his daughter was unable to join her parents in
                                                                             Brussels before the end of the school year.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 18 December 2002 by Fernando
Valenzuela Marzo, residing in Brussels, represented by Marc-
Albert Lucas, lawyer.
The applicant claims that the Court should:                                  Action brought on 16 December 2002 by Lamprecht A.G.
                                                                             against Office for Harmonisation in the Internal Market
—      annul the decisions of the head of the Administration of                            (trade marks and designs) (OHIM)
       Individual Rights unit of the Adminstration Directorate-
       General of 16 November 2001 and 13 February 2002                                               (Case T-386/02)
       refusing the applicant the second half of the installation
       allowance;
                                                                                                       (2003/C 55/84)
—      annul the decision of the appointing authority of 16 Sep-
       tember 2002 rejecting the complaint through official                                     (Language of the case: Spanish)
       channels of 9 May 2002 against the abovementioned
       decisions;
—      order the Commission to pay the applicant the second
                                                                             An action against Office for Harmonisation in the Internal
       half of his installation allowance together with default              Market (trade marks and designs) (OHIM) was brought before
       interest at the rate of 8 % per annum with effect from
                                                                             the Court of First Instance of the European Communities on
       11 April 2001 and until payment is made in full;
                                                                             16 December 2002 by Lamprecht A.G., whose registered
                                                                             office is in Madrid, represented by Enrique Armijo Chávarri
—      order the Commission to pay the costs.                                and Antonio Castán Pérez-Gómez.