CELEX: C1999/121/42
Language: en
Date: 1999-05-01 00:00:00
Title: Case T-52/99: Action brought on 19 February 1999 by T. Port GmbH & Co. KG against the Commission of the European Communities

1.5.1999                EN                     Official Journal of the European Communities                                     C 121/19
In its decision, the defendant contends that, in the event, there         T. Port GmbH & Co. KG was represented by Gert Meier,
was no resettlement within the meaning of Article 6 of                    Rechtsanwalt, 10 Jakodenstraße, Cologne (Federal Republic of
Annex VII to the Staff Regulations since Mr Miranda, after                Germany).
moving to Rome in November 1995, subsequently changed
his place of residence to Brussels in February 1996.
                                                                          The applicant claims that the Court should:
The applicant considers that he scrupulously observed the pro-
visions governing the resettlement allowance and that he acted
with the utmost good faith and openness. He considers that the            1. order the defendant to compensate the applicant for its
Commission erred in law in interpreting Article 6 of Annex VII                loss suffered as a result of the fact that:
to the Staff Regulations and also failed to meet its obligation to
give a full and correct statement of the reasons for its decision             a) the competent authority caused the quantity provision-
and that, in any event it infringed his legitimate expectations.                   ally approved for the applicant to be reduced by
                                                                                   multiplying that quantity by the adjustment coefficient,
He claims that he actually moved his residence, as is confirmed
                                                                                   and;
inter alia by the fact that he served a notice evicting his tenants
from his apartment in Rome and by the expenditure incurred
in moving in. According to the applicant, the period for which                b) reduced the quantity for which the applicant had
he stayed at the place to which be moved must be deemed                            applied by the amounts imported in 1994 into Finland,
irrelevant, inter alia for the purpose of assessing whether the                    Austria and Sweden, and;
removal actually took place. On this point, he draws attention
to the conflict between the rules on the resettlement allowance               c) reduced that quantity by the amount judicially deter-
at issue here and the rules on the installation allowance                          mined;
provided for in Article 5(1) and (2) of Annex VII to the Staff
Regulations.
                                                                          2. order the defendant to make good that reduction by
                                                                              allocation to it corresponding additional licences in the
                                                                              future (compensation in kind);
Action brought on 19 February 1999 by T. Port GmbH                        3. order the defendant to pay the costs of the proceedings.
& Co. KG against the Commission of the European
                           Communities
                          (Case T-52/99)
                         (1999/C 121/42)                                  Pleas in law and main arguments adduced in support:
                   (Language of the case: German)
An action against the Commission of the European Communi-                 The pleas in law and main arguments adduced in support are
ties was brought before the Court of First Instance of the                similar to those in Cases T-18/99 (Cordis obst und Gemüse
European Communities on 19 February 1999 by T. Port                       Großhandel GmbH v. Commission) and T-30/99 (Bocchi Food
GmbH & Co. KG, Hamburg (Federal Republic of Germany).                     Trade International v. Commission).