(Officials – Dependent child allowance – Article 67(2) of the Staff Regulations – Anti-cumulation rule applicable to national allowances of like nature – Article 85 of the Staff Regulations – Conditions for recovery of undue payment)

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Application: for annulment of the Commission’s decision of 15 February 2002 deducting as from 1 June 2001 the sums overpaid to the applicant as dependent child allowance, following application of the anti-cumulation rule in Article 67(2) of the Staff Regulations, corresponding to the orphan’s family allowances he receives from the Belgian authorities.

Held: The application is dismissed. The parties are ordered to bear their own costs.

Summary

(Staff Regulations, Arts 90 and 91)

(Staff Regulations, Arts 90 and 91)

(Staff Regulations, Art. 85)

(Staff Regulations, Arts 67(2) and 85)

(see para. 41)

See: 293/87 Vainker v Parliament [1989] ECR 23, para. 8; T-199/01 G v Commission [2002] ECR-SC I-A-207 and II-1085, para. 23; T-302/01 Birkhoff v Commission [2003] ECR-SC I-A-245 and II-1185, para. 24

The pre-litigation procedure is intended to allow, as a priority, an amicable settlement of the differences arising between officials or other servants and the administration. In order for such a procedure to achieve its objective, it is necessary that the appointing authority be in a position to know with sufficient precision the criticisms formulated by the persons concerned against the contested decision. The administration must not interpret complaints in a restrictive manner, but must, on the contrary, examine them with an open mind.

(see paras 47-48)

See: C-446/00 P Cubero Vermurie v Commission [2001] ECR I-10315, para. 12; C-62/01 P Campogrande v Commission [2002] ECR I‑3793, para. 33; T-144/00 Tirelli v Parliament [2001] ECR-SC I‑A‑45 and II‑171, para. 25; T-174/02 Wieme v Commission [2003] ECR-SC I-A-241 and II-1165, para. 18

The factors taken into consideration by the Court in assessing the ability of the official concerned to make the necessary checks concern his level of responsibility, grade and seniority, the degree of clarity of the provisions of the Staff Regulations setting out the conditions for grant of the benefit at issue and the significance of the changes in his personal or family circumstances where payment of the sum in issue is linked to an assessment of such circumstances by the administration.

(see paras 82-83)

See: T-14/99 Kraus v Commission [2001] ECR-SC I‑A‑7 and II‑39, para. 38; T‑348/00 Barth v Commission [2001] ECR-SC I‑A‑119 and II‑557, para. 30; T‑205/01 Ronsse v Commission [2002] ECR-SC I‑A‑211 and II‑1065, para. 47

(see paras 102, 106)

See: 36/72 Meganck v Commission [1973] ECR 527; T‑34/89 and T‑67/89 Costacurta v Commission [1990] ECR II‑93, paras. 43 to 49; T-117/89 Sens v Commission [1990] ECR II‑185, para. 12; T-545/93 Kschwendt v Commission [1995] ECR-SC I‑A‑185 and II‑565, para. 109; Barth v Commission, cited above, para. 36; T-66/00 B v Commission [2002] ECR-SC I‑A‑75 and II‑361, para. 54