23.2.2008

Official Journal of the European Union

C 51/13

(Case C-135/06 P)

(Appeal - Remuneration - Dependent child allowance - Deduction of the amount of an allowance of like nature paid from other sources - Unlimited jurisdiction - Disputes of a financial character)

(2008/C 51/20)

Language of the case: German

Parties

Appellant: Roderich Weißenfels (represented by: G. Maximini, Rechtsanwalt)

Other party to the proceedings: European Parliament (represented by: L.G. Knudsen, M. Ecker and U. Rösslein, Agents)

Re:

Appeal brought against the judgment of the Court of First Instance (First Chamber) of 25 January 2006 in Case T-33/04 Roderich Weißenfels v Parliament, whereby the Court of First Instance dismissed the appellant's application for annulment of the decision of the Parliament of 26 June 2003 deducting from the sum of the double dependent child allowance, granted to the appellant under Article 67(3) of the Staff Regulations of officials of the European Communities, the amount of an allowance of like nature received from another source — Conditions for the application of the rule against overlapping referred to in Article 67(2) of the Staff Regulations — meaning of ‘allowances of like nature’

Operative part of the judgment

The Court:

1.Sets aside the judgment of the Court of First Instance of the European Communities of 25 January 2006 in Case T-33/04 Roderich Weißenfels v European Parliament.

2.Annuls the decisions of the European Parliament of 26 June 2003 and 28 April 2004.

3.Orders the European Parliament to pay to Mr Weißenfels the arrears of dependent child allowances which he should have received as from 1 July 2003, together with interest at the statutory rate.

4.Orders the European Parliament to bear its own costs and to pay the costs incurred by Mr Weißenfels before the Court of First Instance of the European Communities and the Court of Justice of the European Communties.

(1) OJ C 108, 6.5.2006.