Notice for the OJ

 

Judgment of the Court of First Instance of 4 June 2003 in Joined Cases T-124/01 and T-320/01 Pietro Del Vaglio v Commission of the European Communities ¹

(Officials ( Weighting ( Pension ( Definition of residence ( Burden of proof ( United Kingdom)    

    (Language of the case: French)

In Joined Cases T-124/01 and T-320/01: Pietro Del Vaglio, a former official of the Commission of the European Communities, residing in London, represented by G. Vandersanden and L. Levi, lawyers, against the Commission of the European Communities (Agent: J. Currall) ( application for the annulment of the Commission's decisions of 5 April 2000 and 6 September 2001 refusing to apply the United Kingdom weighting to the applicant's pension from, respectively, 8 May 1999 and 24 September 2000, and for damages and default interest on the remainder of the pension owed, the Court of First Instance (single judge: V. Tiili); Registrar: J. Palacio González, Principal Administrator, gave a judgment on 4 June 2003, in which it:

1.dismisses the application in Case T-124/01;

2.annuls the Commission's decision of 6 September 2001 in so far as the Commission refused to apply the United Kingdom weighting to the applicant's pension from 1 January 2001;

3.dismisses the remainder of the application in Case T-320/01;

4.orders the Commission to pay default interest to the applicant at the rate set by the European Central Bank for capital refinancing operations in force during the various phases of the period concerned, increased by two percentage points per annum, on the arrears of pension from 1 January 2001 to 31 March 2001; that interest must be calculated from the various dates at which each payment under the pension scheme should have been made, up to the date on which the payment was effected;

5.in Case T-124/01, orders the parties to bear their own costs;

6.in Case T-320/01, orders the Commission to bear its own costs and pay half the applicant's costs.

7.In Case T-320/01, orders the applicant to bear half his own costs.

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¹ - OJ No C 56 of 2.3.02