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2.12.

2006 EN Official Journal of the European Union C 294/45

Judgment of the Court of First Instance of 27 September Judgment of the Court of First Instance of 3 October 2006
2006 — Koistinen v Commission — Hewlett-Packard v Commission

(Case T-259/04) (1) (Case T-313/04) (1)

(Officials — Remuneration — Expatriation allowance — (Refusal of repayment of import duties — Action for annul-
Article 4(1)(a) of Annex VII to the Staff Regulations — ment — Importation of printers and printer cartridges from
Definition of habitually resident) Singapore — Particular circumstances — Equity clause —
Article 239 of Regulation No 2913/92)

(2006/C 294/94)
(2006/C 294/95)

Language of the case: French


Language of the case: German

Parties
Parties

Applicant: Anne Koistinen (Brussels, Belgium) (represented by:


S. Orlandi, X. Martin Membiela, A, Coolen, J.-N. Louis and É. Applicant: Hewlett-Packard GmbH (Böblingen, Germany) (repre-
Marchal, lawyers) sented by: F. Boulanger, M. Mrozek and M. Tervooren, lawyers)

Defendant: Commission of the European Communities (repre- Defendant: Commission of the European Communities (repre-
sented by: J. Currall and L. Lozano Palacios, Agents) sented by: X. Lewis, acting as Agent, and B. Wägenbaur,
lawyer)

Re:
Re:

Claim for annulment of the Commission's decision of 18 July


2003 refusing to grant to the applicant the expatriation allow- Action for annulment of Commission Decision REM 06/02 of
ance provided for by Article 4(1)(a) of Annex VII of the Staff 7 April 2004 advising the German authorities that the appli-
Regulations of Officials of the European Communities cant should not receive repayment of import duties on printers
and printer cartridges from Singapore.

Operative part of the judgment


Operative part of the judgment

The Court:
The Court:

1. Annuls the Commission's decision refusing to grant the applicant


the expatriation allowance provided for in Article 4 of Annex VII 1. Dismisses the action;
to the Staff Regulations of Officials of the European Communities;

2. Orders the applicant to bear its own costs and pay those of the
2. Orders the Commission to pay all the costs. Commission.

(1) OJ C 262, 23.10.2004. (1) OJ C 262, 23.10.2004.