Notice for the OJ
Action brought on 1 March 2004 by Milagros Irene Arranz Benítez against the European Parliament
(Case T-87/04)
(Language of the case: French)
An action against the European Parliament was brought before the Court of First Instance of the European Communities on 1 March 2004 by Milagros Irene Arranz Benítez, residing in Brussels, represented by Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Etienne Marchal, avocats, with an address for service in Luxembourg.
The applicant claims that the Court of First Instance should:
annul the decision of the Head of the European Parliament's "Individual Rights" Division of 15 April 2003;
order the European Parliament to pay the costs.
Pleas in law and main arguments
By the contested act the Parliament decided to take into consideration, for the purpose of calculating the tax abatement provided for by Article 3 of Regulation 260/68
1 and the expatriation allowance payable to the applicant, two only of her children, on the ground that actual maintenance of the children was shared between the applicant and her former husband, who is also an official and entitled to the same allowances. The applicant challenges this decision, claiming that she alone actually maintains the children, given that the monthly contribution paid by her former husband for each child is less than the threshold laid down by the conclusions of the Group of the Heads of Administration and is not, in any case, of such an amount that the children can be regarded as being dependent on their father, given the latter's grade and his posting outside the Communities.