Notice for the OJ

 

Action brought on 10 December 2001 by Gerhard Birkhoff against Commission of the European Communities

    (Case T-302/01)

    (Language of the case: Italian)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 10 December 2001 by Gerhard Birkhoff, represented by Vincenzo Salvatore, lawyer

The applicant claims that the Court should:

(annul the decision of the Commission of the European Communities, Directorate General ( Admin B, of 26 September 2001, as manifestly unfounded in fact and in law, together with any preceding, related or subsequent acts, in particular "Notification of amendment No 10 to the demand for payment of 21 February 1992", issued on 4 July 2001.

(order the Commission to compensate the applicant for the ensuing damage, in particular those arising from the loss of Sickness Insurance cover and other non-material damage;

(order the Commission to pay the costs.

Pleas in law and main arguments

The applicant, a former official of the defendant institution, at present retired, contests the withdrawal, with retrospective effect, of family allowance in respect of a dependent daughter. The contested measure is based on "evidence that the income from gainful employment of [his] daughter exceeds 40% of the basic salary of an official in Grade D 4/1".

In support of his arguments, the applicant claims:

(unlawfulness of the act on the ground of misuse of powers (lack and inadequacy of reasons, erroneous assumptions and distortion of the facts)

(infringement of Article 2(5) of Annex VII to the Staff Regulations

(breach of the principle of non-discrimination

(breach of the principle of legitimate expectations and failure to protect acquired rights.

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