CELEX: C2001/317/51
Language: en
Date: 2001-11-10 00:00:00
Title: Order of the Court of First Instance of 6 July 2001 in Case T-375/00 Danielle Dubigh and Tamara Zaur-Gora v Commission of the European Communities (Officials — Replacement staff — Members of the auxiliary staff — Claim to classification as a member of the temporary staff of the European Communities — Action in part lacking in any legal basis and in part inadmissible)

C 317/26               EN                      Official Journal of the European Communities                                   10.11.2001
       ORDER OF THE COURT OF FIRST INSTANCE                               The applicant claims that the Court should:
                           of 6 July 2001                                 —     Annul the contested act;
in Case T-375/00 Danielle Dubigh and Tamara Zaur-Gora
                                                                          —     Declare her to be entitled to obtain a survivor’s pension;
       v Commission of the European Communities (1)
(Officials — Replacement staff — Members of the auxiliary                 —     Set the amount of that pension at 200 000 BEF a month;
staff — Claim to classification as a member of the temporary
staff of the European Communities — Action in part lacking                —     Order the defendant to pay the costs.
           in any legal basis and in part inadmissible)
                          (2001/C 317/51)
                                                                          Pleas in law and main arguments
                    (Language of the case: French)
In Case T-375/00: Danielle Dubigh, a member of the auxiliary
staff of the Commission of the European Communities,                      The applicant, divorced from a former member of the Court
residing in Brussels, and Tamara Zaur-Gora, also a member                 of Justice, now deceased, is challenging the defendant’s refusal
of the auxiliary staff of the Commission of the European                  to grant her a survivor’s pension. That decision is based on the
Communities, residing in Lodelinsart (Belgium), represented               alleged absence of any maintenance agreement concluded after
by J.-N. Louis and V. Peere, avocats, with an address for                 the divorce was granted and on the fact that a survivor’s
service in Luxembourg, against Commission of the European                 pension is conditional upon a right to maintenance.
Communities (Agents: J. Currall and C. Berardis-Kayser) —
application for the annulment of the Commission decisions
of 12 January 2000 rejecting the applicants’ requests of                  In support of her claims, the applicant maintains that the
24 September 1999 for regularisation of their administrative              defendant, having regard to the circumstances of the case, was
situation by recognising them as members of the temporary                 not entitled to consider that the two sworn declarations she
staff of the European Communities — the Court of First                    produced in order to establish the existence and amount of the
Instance (Fourth Chamber), composed of: P. Mengozzi, Presi-               maintenance agreement with her ex-husband were insufficient.
dent, V. Tiili and R.M. Moura Ramos, Judges; H. Jung, Registrar,
has made an order on 6 July 2001, the operative part of which
is as follows:
1.    The application is dismissed.
2.    Each party shall bear its own costs.
(1) OJ C 45 of 10.2.2001.                                                 Action brought on 30 July 2001 by Ms Jean M. Goulbourn
                                                                          against the Office for Harmonisation in the Internal
                                                                                        Market (Trade Marks and Designs)
                                                                                                   (Case T-174/01)
Action brought on 26 July 2001 by M against the Court
            of Justice of the European Communities                                                 (2001/C 317/53)
                          (Case T-172/01)                                 (Language of the case to be determined pursuant to Article 131(2)
                                                                          of the Rules of Procedure — Language in which the application was
                          (2001/C 317/52)                                                            made: German)
                    (Language of the case: French)                        An action against the Office for Harmonisation in the Internal
                                                                          Market (Trade Marks and Designs) (OHIM) was brought before
An action against the Court of Justice of the European                    the Court of First Instance of the European Communities on
Communities was brought before the Court of First Instance                30 July 2001 by Ms Jean M. Goulbourn of Makati, Metro
of the European Communities on 26 July 2001 by M,                         Manila (Philippines), represented by Dr Siegfried Jackermeier,
represented by Georges Vandersanden and Harisios Tagaras,                 with an address for service in Luxembourg. Further party
lawyers.                                                                  before the board of appeal: Redcats SA, Roubaix (France).