CELEX: C1995/229/54
Language: en
Date: 1995-09-02 00:00:00
Title: Action brought on 5 July 1995 by Georges Cantone against the Commission of the European Communities (Case T-139/95)

L 9 . 95             EN                  Official Journal of the European Communities                                No C 229/25
Action brought on 5 July 1995 by Georges Cantone against             Pleas in law and main arguments adduced in support:
       the Commission of the European Communities
                       ( Case T-139/95 )                             The applicant, an official of the European Parliament of
                         ( 95/C 229/54 )                             Danish nationality, receives family allowances for her three
                                                                     children under Danish legislation. Taking the view that
                (Language of the case: French)                       those allowances should be regarded as of the same nature
                                                                     as those payable in accordance with Annex VII to the
An action against the Commission of the European                     Staff Regulations, the Parliament initially deducted the
Communities was brought before the Court of First                    corresponding amount from the applicant's salary. By letter
Instance of the European Communities on 5 July 1995 by               of 1 December 1994 , and purportedly on the basis of a
Georges Cantone, resident in Luxembourg, represented by              'change in practice', the appointing authority decided to
Jean-Noel Louis, Thierry Demaseure, Ariane Tornel and                cease applying the non-aggregation rule to the allowances in
Veronique Leclercq, all of the Brussels Bar, with an address         dispute with effect from 1 May 1993 and consequently to
for service in Luxembourg at the offices of Fiduciaire Myson         reimburse to the applicant the amounts unduly levied since
                                                                     that date .
Sari, 1 Rue Glesener.
The applicant claims that the Court should:                          The applicant claims that she is also entitled to
                                                                     reimbursement of the amounts unduly deducted before May
— annul, so far as may be necessary, the confirmatory                1993 . In that connection she claims that the 'change in
    decision of 19 December 1994 and the decision of                 practice' which gave rise to the contested decision derives
    17 May 1995 expressly rejecting the applicant's                  from the fact that the Parliament itself had realized that, by
    complaint,                                                       treating the allowances payable under the Danish legislation
                                                                     in question, which are of a fiscal nature, on the same basis as
— annul the Commissions' decision of 4 November 1994,
                                                                     the family allowances under Annex VII to the Staff
    fixing Luxembourg as the applicant's place of                    Regulations, which are social in nature, it had committed a
    recruitment,
                                                                     manifest error of assessment. To set a temporal limit on the
— order the defendant to pay the costs .                             reimbursement of the amounts unduly deducted is therefore
                                                                     unreasonable .
Pleas in law and main arguments adduced in support:
                                                                     The applicant further maintains that, by adopting the
The pleas in law and main arguments are similar to those in          contested decision, the European Parliament acted contrary
Case T-33/95 I 1 ).                                                  to the principles of equal treatment and of
                                                                     non-discrimination between officials .
H OJ No C 101 , 22 . 4 . 1995 , p . 14 .
Action brought on 5 July 1995 by Kirsten Schelbeck against
                   the European Parliament
                       ( Case T-141 /95 )                            Action brought on 6 July 1995 by Werner Haberer against
                                                                     the Council of the European Union and the Commission of
                          ( 95/C 229/55 )                                             the European Communities
                (Language of the case: French)                                             ( Case T-143/95 )
                                                                                              95/C 229/56
An action against the European Parliament was brought
before the Court of First Instance of the European
Communities on 5 July 1995 by Kirsten Schelbeck, residing                           (Language of the case: German)
in Luxembourg, represented by Jean-Noel Louis, Thierry
Demaseure and Veronique Leclercq, of the Brussels Bar,               An action against the Council of the European Union and
with an address for service in Luxembourg at the offices of          the Commission of the European Communities was brought
Fiduciaire Myson Sarl, 1 Rue Glesener.                               before the Court of First Instance of the European
                                                                     Communities on 6 July 1995 by Werner Haberer, Riegel
The applicant claims that the Court should:                           ( Federal Republic of Germany ), represented by Bernd
— annul the decision of the European Parliament refusing             Meisterernst, Mechtild Düsing, Dietrich Manstetten, Frank
    the applicant reimbursement of the amounts unlawfully            Schulze and Winfried Haneklaus, Rechtsanwälte, Münster,
    deducted from the family allowances to which she was             with an address for service in Luxembourg at the Chambers
    entitled with respect to the period from 1 November              of Dupong & Associés, 14a Rue des Bains.
     1987 to 30 April 1993 ,
                                                                     The applicant claims that the Court should:
— annul the implied decision of 1 July 1995 rejecting her
    complaint,
                                                                       1 . order the defendants to pay to the applicant SLOM I
— order the Parliament to pay the costs.                                   compensation for the period from 30 November 1985