Notice for the OJ

 

Action brought on 24 January 2002 by Falk-Ulrich von Hoff against the European Parliament

    (Case T-13/02)

    Language of the case: German

An action against the European Parliament was brought before the Court of First Instance of the European Communities on 24 January 2002 by Falk-Ulrich von Hoff, of Berlin (Germany), represented by B. Wägenbaur, lawyer.

The applicant claims that the Court should:

(annul the European Parliament's decision of 17 April 2001;

(order the European Parliament to pay to the applicant the installation allowance amounting to two months' salary, together with interest at the rate of 8% from the date of the request (15 March);

(order the defendant to pay the costs.

Pleas in law and main arguments:

In the context of the transfer of the liaison centre of the European People's Party from Bonn to Berlin, the applicant, whose place of employment was Brussels and who took over as head of the liaison centre, was moved to Berlin. He applied for the grant of an installation allowance pursuant to Article 5 of Annex VII to the Staff Regulations. The institution refused that application on the ground that the applicant had returned to live with his family, who had already been residing in Berlin prior to the transfer of the applicant.

The applicant asserts that the decision refusing his application is contrary to Article 5(2) of Annex VII, since the conditions for granting an installation allowance are fulfilled, and that the European Parliament cannot validly rely on the ground of exclusion laid down in Article 5(4) of Annex VII.

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