Judgment of the Court (Second Chamber) of 17 July 2008 — Franco Campoli v Commission of the European Communities, Council of the European Union

(Case C-71/07 P) (1)

(Appeal - Officials - Remuneration - Pension - Application of the correction coefficient calculated on the basis of the average cost of living in the country of residence - Transitional arrangements established by the Regulation amending the Staff Regulations - Objection of illegality)

(2008/C 223/18)

Language of the case: French

Parties

Appellant: Franco Campoli (represented by: G. Vandersanden, L. Levi and S. Rodrigues, avocats)

Other parties to the proceedings: Commission of the European Communities (represented by: V. Joris and D. Martin, acting as Agents), Council of the European Union (represented by: M. Arpio Santacruz and I. Šulce, acting as Agents)

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber, Extended Composition) of 29 November 2006 in Case T-135/05 Campoli v Commission, by which the Court dismissed as partially inadmissible and partially unfounded the action for annulment of the appellant's pension payslips from May to July 2004, in as much as they applied for the first time a weighting calculated in an allegedly unlawful manner on the basis of the average cost of living in the appellant's country of residence, rather than, as previously, in relation to the cost of living in the capital of that country — Effect of the entry into force of the new Staff Regulations of Officials on the system of weighting — Transitional system for officials who retired before 1 April 2004 — Method of calculating weighting and respect for the principle of the equality of treatment — Obligation to state reasons

Operative part of the judgment

The Court:

(1)  OJ C 117, 26.5.2007.