5.12.2009   

EN

Official Journal of the European Union

C 297/36


Judgment of the Civil Service Tribunal (Third Chamber) of 21 October 2009 — Ramaekers-Jørgensen v Commission

(Case F-74/08) (1)

(Officials - Community tax - Calculation - Combining the amount of personal remuneration and the survivor’s pension - Rules for collecting the tax - Date of levy)

2009/C 297/55

Language of the case: French

Parties

Applicant: Dominique Ramaekers-Jørgensen (Genval, Belgium) (represented by: L. Vogel, lawyer)

Defendant: Commission of the European Communities (represented by: J. Currall and D. Martin, Agents)

Intervener in support of the defendant: Council of the European Union (represented by K. Zieleśkiewicz and M. Bauer, Agents)

Re:

First, annulment of the decision of the appointing authority to calculate the applicant’s Community tax by combining the amount of personal remuneration and the survivor’s pension, and of the decision rejecting the application for the Community tax on her survivor’s pension not to be deducted in advance, prior to the payment thereof, from her remuneration. Second, a finding that Articles 3 and 4 of Regulation No 260/68, are unlawful.

Operative part of the judgment

The Tribunal:

1.

Dismisses the action;

2.

Orders Ms Ramaekers-Jørgensen to bear her own costs and to pay the cost of the Commission of the European Communities;

3.

Orders the Council of the European Union to bear its own costs.


(1)  OJ C 272, 25.10.2008, p. 52.