Notice for the OJ

 

Action brought on 30 July 2004 by Triantafyllia Dionyssopoulou against the Council of the European Union

(Case T-320/04)

(Language of the case: French)

An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 30 July 2004 by Triantafyllia Dionyssopoulou, residing at Norwich, Norfolk (United Kingdom), represented by Claude Quackels, lawyer.

The applicant claims that the Court of First Instance should:

-    annul the decision notified on 12 December 2003 which used the correction coefficient for Greece for the computation of the pension;

-    award the applicant as from 1 November 2003 the correction coefficient for the United Kingdom in respect of her pension;

-    order the Council to pay the applicant by way of compensation for material and non-material damage a sum fixed ex æquo and de bono at €20 000 in respect of loss estimated, without prejudice to any increase during the proceedings, at €50 000;

-    order the Council to pay the costs.

Pleas in law and main arguments

The applicant in this case, a former Community official in receipt of invalidity pension, challenges the administrative authority's decision to apply to that pension the correction coefficient for Greece rather than that applicable to the United Kingdom.

On this point she states that because of her taking up residence in the latter Member State, she is entitled to the application of that coefficient and that the refusal at issue in this dispute is unlawful, in so far as it fails to have regard to the principles of equal treatment, of the protection of legitimate expectations and of proper administration.

Furthermore, she alleges that the contested decision is based on a manifest error of assessment.

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