CELEX: C2003/083/46
Language: en
Date: 2003-04-05 00:00:00
Title: Judgment of the Court of First Instance of 28 January 2003 in Case T-138/01: F v Court of Auditors of the European Communities (Officials — Reassignment — Legitimate expectations — Action for annulment and compensation)

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.