Judgment of the Court of first Instance (Third Chamber) 24 June 1993

In Case T-92/91,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Third Chamber), composed of: J. Biancarelli, President, B. Vesterdorf and R. Garcia-Valdecasas, Judges, Registrar: H. Jung,

having regard to the written procedure and further to the hearing on 20 April 1993,

gives the following

Judgment

Facts and procedure

Forms of order sought

The claims for annulment of the Decision of 25 April 1991 concerning calculation of the amount of the allowance due to the applicant

The first plea: failure to state the grounds of the contested decision

Arguments of the parties

Findings of the Court

The second plea: breach of Article 4(4) of the Regulation

— Preliminary observations

Arguments of the parties

Findings of the Court

— The first part of the plea: failure to take account of certain social security contributions

Arguments of the parties

Findings of the Court

— The second part of the plea: failure to take account of Paragraph 8 of the BBesG

Arguments of the parties

Findings of the Court

— The third part of the plea: failure to take account of the solidarity levy for German unity

Arguments of the parties

Findings of the Court

— The fourth part of the plea: failure to adopt a purposive interpretation of the Regulation

Arguments of the parties

Findings of the Court

The claim for annulment of the decision of 3 May 1991 excluding the applicant from the Joint Sickness Insurance Scheme

The plea alleging failure to state the grounds of the contested decision

Arguments of the parties

Findings of the Court

The second plea: breach of Article 4(6) of the Regulation

Arguments of the parties

Findings of the Court

The claim for damages

Arguments of the parties

Findings of the Court

Costs

1 Language of the case German