# C_2006048EN.01002301.xml

| 25.2.2006 | EN | Official Journal of the European Union | C 48/23 |
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25.2.2006

EN

Official Journal of the European Union

C 48/23

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Judgment of the Court of First Instance of 8 December 2005 — Patrick Reynolds v European Parliament

(Case T-237/00) (1)

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(Officials - Secondment in the interests of the service - Article 38 of the Staff Regulations - Political group - Early termination of secondment - Rights of the defence - Obligation to state reasons - Legitimate expectation - Duty to have regard to the welfare of officials - Misuse of powers - Action for annulment - Action for damages - Setting aside in part of a judgment of the Court of First Instance - Res judicata)

(2006/C 48/42)

Language of the case: French

Parties

Applicant: Patrick Reynolds (Brussels (Belgium)) (represented by: P. Legros and S. Rodrigues, avocats)

Applicant:

Defendant: European Parliament (represented by: H. von Hertzen and D. Moore, acting as Agents)

Defendant:

Application for

first, annulment of the decision of 18 July 2000 of the Secretary-General of the Parliament terminating the applicant's secondment in the interests of the service to the political group ‘Europe of Democracies and Diversities’ and reinstating him in the Directorate-General for Information and Public relations and, second, compensation for the harm sustained by the applicant owing to the adoption of that decision by the defendant and to the actions of the political group and of certain of its members

Operative part of the judgment

The Court:

| 1) | Annuls the decision of 18 July 2000 of the Secretary-General of the Parliament terminating the applicant's secondment in the interests of the service to the EDD political group and reinstating him in the Directorate-General for Information and Public Relations in so far as that decision is applicable between 15 July 2000 and 24 July 2000; |
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1)

Annuls the decision of 18 July 2000 of the Secretary-General of the Parliament terminating the applicant's secondment in the interests of the service to the EDD political group and reinstating him in the Directorate-General for Information and Public Relations in so far as that decision is applicable between 15 July 2000 and 24 July 2000;

| 2) | Orders the Parliament to pay the applicant a sum corresponding to the difference between the remuneration which he should have received as an official in Grade A 2, Step 1, and that which he received following his reinstatement in Grade LA 5, Step 3, for the period 15 to 24 July 2000, plus default interest at the rate of 5.25 % per annum from the date on which the amounts making up that sum were payable until such date as payment is actually made. The rate of interest to be applied is calculated on the basis of the rate set by the European Central Bank for main refinancing operations applicable during the period concerned, plus two percentage points; |
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2)

Orders the Parliament to pay the applicant a sum corresponding to the difference between the remuneration which he should have received as an official in Grade A 2, Step 1, and that which he received following his reinstatement in Grade LA 5, Step 3, for the period 15 to 24 July 2000, plus default interest at the rate of 5.25 % per annum from the date on which the amounts making up that sum were payable until such date as payment is actually made. The rate of interest to be applied is calculated on the basis of the rate set by the European Central Bank for main refinancing operations applicable during the period concerned, plus two percentage points;

| 3) | Declares the action for compensation inadmissible in so far as it relates to reparation for the harm caused by conduct not entailing a decision on the part of the EDD Group and of certain of its members; |
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3)

Declares the action for compensation inadmissible in so far as it relates to reparation for the harm caused by conduct not entailing a decision on the part of the EDD Group and of certain of its members;

| 4) | Dismisses the remainder of the application; |
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4)

Dismisses the remainder of the application;

| 5) | Orders the parties to bear their own costs pertaining to all the proceedings referred to in paragraph 213 above. |
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5)

Orders the parties to bear their own costs pertaining to all the proceedings referred to in paragraph 213 above.

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(1)  OJ C302 of 21. 10. 2000.

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