ECJ to deliver opinion on Cresson’s pension rights

By David Cronin

Date: 16/02/06

The European Court of Justice is to deliver a preliminary opinion next week over efforts to strip former European commissioner Edith Cresson of her pension rights.

Cresson was sued by the Commission in 2004 because of her controversial decision to award a contract for AIDS research to her personal friend, the dentist René Bertholet, even though he had no specialist knowledge of the disease. Bertholet received more than EUR 150,000 for producing just 24 pages of notes over a two-year period.

Cresson, the commissioner for education and research in the 1994-99 administration headed by Jacques Santer, has been accused by her former employer of failing to honour obligations to act in the public interest, enshrined in the EU treaty .

In a submission to the Luxembourg-based court, lawyers for the Commission argued that the work performed by Bertholet, now dead, was "manifestly inadequate in quality, quantity and relevance".

They added that Cresson's conduct was not dictated by the interests of the EU's institutions but was "motivated essentially by the wish" to do a favour for her friend. Cresson did not make any inquiries about whether she had applied correct procedures in hiring Bertholet, they said, arguing that her behaviour "appears to constitute an act of favouritism or at the least obvious negligence".

The opinion of an advocate-general at the ECJ is scheduled for delivery next Thursday (23 February).

If the opinion is unfavourable to Cresson, and is later confirmed by a formal verdict of the court's judges, it could lead to her being denied a pension worth EUR 38,000 per year. The judges, however, are not bound to follow an advocate-general's opinion.

Cresson, who turned 72 last month, denied any wrongdoing during a hearing at the court in November, claiming that the accusations against her were politically motivated. She has claimed that the Commission had been pressurised into taking legal action against her by MEPs and that its impartiality had been compromised as a result.

Cresson was France's prime minister in 1991-92, the only woman ever to hold the post.

Anticipation of the Advocate-General's Opinion at the ECJ, expected for 23 February 2006, over efforts to strip former European Commissioner Edith Cresson of her pension rights. Cresson had been sued by the Commission in 2004 because of her controversial decision to award a contract for AIDS research to her personal friend, the dentist René Bertholet.

• Primary Source

European Court of Justice: Case-law: Search form: Case C-432 http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en&Submit=Submit&alldocs=alldocs&docj=docj&docop=docop&docor=docor&docjo=docjo&numaff=C-432&datefs=&datefe=&nomusuel=cresson&domaine=&mots=&resmax=100

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