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C 95/10 EN Official Journal of the European Communities 24.3.

2001

1. dismisses the application; 3. Orders the Commission to repay to the applicant the sums
recovered from her pension, amounting to LUF 181 446;
2. orders each of the parties to bear their own costs.
4. Dismisses the remainder of the action;

(1) OJ No C 358 of 21.11.98. 5. Orders the Commission to pay the costs.

(1) OJ No C 86, 27.3.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE


of 8 November 2000

of 26 October 2000
in Case T-210/98: E v Commission of the European
Communities (1)
in Joined Cases T-83/99, T-84/99 and T-85/99: Carlo Ripa
di Meana and Others v European Parliament (1)
(Officials — Dependent child allowance — Double allow-
ance for child affected by mental or physical handicap —
Suspension — Recovery of undue payment) (Members of the European Parliament — Provisional retire-
ment pension scheme — Time-limit for submitting request
— Knowledge acquired — Admissibility)
(2001/C 95/17)
(2001/C 95/18)
(Language of the case: French)
(Language of the case: Italian)
In Case T-210/98: E, a former official of the European
Communities, residing in Luxembourg, represented initially by
In Joined Cases T-83/99, T-84/99 and T-85/99: Carlo Ripa di
C. Revoldini and subsequently by J. Choucroun, both of the
Meana, former Italian Member of the European Parliament,
Luxembourg Bar, with an address for service in Luxembourg
residing in Montecastello di Vibio (Italy), Leoluca Orlando,
at the Chambers of the latter, 84 Grand-Rue, against the
former Italian Member of the European Parliament, residing in
Commission of the European Communities (Agents: C. Berar-
Palermo (Italy), Gastone Parigi, former Italian Member of the
dis-Kayser, F. Clotuche-Duvieusart and B. Wägenbaur) —
European Parliament, residing in Pordenone (Italy), represented
applications for the annulment, first, of a Commission decision
by V. Viscardini Donà, assisted by G. Donà, of the Padua Bar,
of 14 July 1998 suspending payment of a double dependent
with an address for service in Luxembourg at the Chambers of
child allowance and retrospectively withdrawing the benefit of
E. Arendt, 8-10 Rue Mathias Hardt, against European Parlia-
the latter for the period from 1 January 1997 until 14 July
ment (Agents: A. Caiola, G. Ricci and F. Capelli) — application
1998, and, second, of a Commission decision of 22 July 1998
for annulment of the decisions of the European Parliament of
recovering from the applicant’s retirement pension sums
4 February 1999 rejecting the requests submitted by Mr Ripa
totalling LUF 181 446 allegedly paid unduly by way of that
di Meana, Mr Orlando and Mr Parigi, seeking to obtain
allowance, and for an order that the Commission repay to the
retroactive application of the provisional retirement pension
applicant the amounts withheld from her pension — the Court
scheme referred to in Annex III to the Rules Governing the
of First Instance (Second Chamber), composed of J. Pirrung,
Payment of Expenses and Allowances to Members of the
President of the Chamber, A. Potocki and A.W.H. Meij, Judges;
European Parliament — the Court of First Instance (Fourth
J. Palacio Gonzalez, Administrator, for the Registrar, has given
Chamber), composed of V. Tiili, President, R.M. Moura Ramos
a judgment on 8 November 2000, in which it:
and P. Mengozzi, Judges; G. Herzig, administrator, for the
Registrar, gave a judgment on 26 October 2000, in which it:
1. Annuls the Commission decision of 14 July 1998 in so far as
it withdraws the grant of the double allowance for a dependent 1. annuls the decisions of the European Parliament of 4 February
child provided for in Article 67(3) of the Staff Regulations of 1999 No 300762 and No 300763 rejecting the requests
Officials of the European Communities for the period from submitted by Mr Ripa di Meana and Mr Orlando for the
1 January 1997 until 14 July 1998; provisional pension scheme referred to in Annex III to the
Rules Governing the Payment of Expenses and Allowances to
2. Annuls the Commission decision of 23 July 1998, recovering Members of the European Parliament to apply with retroactive
the sum of LUF 181 446; effect;