Notice for the OJ

 

Judgment of the Court of First Instance (Second Chamber) of 12 November 2002 in Case T-271/01: José Manuel López Cejudo v Commission of the European Communities ¹

(Officials ( Remuneration ( Dependent child and education allowances paid to the parent awarded custody of the child ( Refusal to grant the other parent payment of the allowances for the purpose of calculating tax rebate and expatriation allowance ( Default interest)

    (Language of the case: French)

In Case T-271/01: José Manuel López Cejudo, an official working for the Commission of the European Communities, residing in Brussels, represented by G. Vandersanden and L. Levi, avocats, with an address for service in Luxembourg, against Commission of the European Communities (Agent: J. Currall) - First an application for annulment of the decision of the Commission refusing to grant to the applicant, in respect of the period running from October 2000 to July 2001, the dependent child and education allowances for the purpose of calculating tax abatement and the expatriation allowance and, second, a claim for default interest on the amounts improperly recovered or not paid - the Court of First Instance (Second Chamber), composed of R.M. Moura Ramos, President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers, Administrator, for the Registrar, gave a judgment on 12 November 2002, in which it:

1annuls the decision of the Commission, as evidenced by the applicant's salary slip for October 2000, refusing him entitlement to dependent child and education allowances to take into account for purposes of tax abatement and expatriation allowance since July 1999, as amended by the Commission's decision of 16 July 2001, insofar as the latter decision takes account of the apportionment of the entitlement to the allowances in issue and of the benefits under them only in respect of the future.

    2.orders the Commission to pay to the applicant:

        (default interest, as from November 2000, on the capital amount of EUR 1 193.85 and, for each month from December 2000 and until September 2001, EUR 1 200 each month until those capital amounts are repaid to him;

        (default interest in respect of the benefits accruing to the applicant under the allowances in issue, for each month from October 2000 until the date on which the decision of 16 July 2001 takes effect, until full payment of the amounts due.

    3.orders the rate of default interest to be calculated on the basis of the rate fixed by the European Central Bank for main refinancing operations, applicable in the period in question, plus two points.

    4.orders the Commission to pay the costs.

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¹ - OJ No C 3 of 5.1.02.