Notice for the OJ
Judgment of the Court of First Instance (Second Chamber) of 21 October 2003 in Case T-302/01: Gerhard Birkhoff v Commission of the European Communities
1(Officials ( Article 2(5)of Annex VII to the Staff Regulations ( Cancellation of an allowance for dependent child who has reached majority ( Legitimate expectations)
(Language of the case: Italian)
In Case T-302/01: Gerhard Birkhoff, former official of the Commission of the European Communities, now retired, residing in Weitnau (Germany), represented by V. Salvatore, lawyer, against Commission of the European Communities (Agents: J. Currall and A. Dal Ferro) - first, an application for annulment of the decision of the appointing authority of 26 September 2001 rejecting the complaint brought by the applicant against the decision of the Commission of 4 July 2001 by which it cancelled payment to the applicant of the dependent child allowance in respect of his daughter and of the decision of 4 July 2001 and, secondly, a claim for compensation for material and non-material damage - the Court of First Instance (Second Chamber), composed of N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges; H. Jung, Registrar, gave a judgment on 21 October 2003, in which it:
1.Annuls the decision of the Commission of 4 July 2001 cancelling, with effect from 1 July 2001, payment of the dependent child allowance in respect of the applicant's daughter who has reached majority.
2.Finds that there is no need to adjudicate on the claim for compensation for the damage arising from the loss of cover in respect of the applicant's daughter by the EC Sickness Insurance Fund, nor on the part of the claim seeking compensation for the tax consequences of the contested decision.
3.Dismisses the remainder of the claim for compensation.
4.Orders the Commission to pay two-thirds of the applicant's costs, including those incurred in the proceedings for interim relief in the present case.
____________1 - OJ No C 44 of 16.2.2002.