Judgment of the Court of First Instance of 12 December 2000 in Case T-11/00: Michel Hautem v European Investment Bank (Officials — Removal from post — Failure to comply with a judgment annulling a decision — Article 233 EC — Non-contractual liability of the Community — Non-material damage — Compensation)
Date: 2001-03-24
Institutions: Court of First Instance
Subjects: European Investment Bank, appeal to the Court (EU), dismissal, enforcement of ruling, indemnification

24.3.2001

EN

Official Journal of the European Communities

C 95/11

dismisses as inadmissible the application in Case T-85/99;

JUDGMENT OF THE COURT OF FIRST INSTANCE

2.

3.

4.

orders the Parliament to bear its own costs, and to pay those of
Mr Ripa di Meana and Mr Orlando, in Cases T-83/99 and
T-84/99;

orders Mr Parigi to bear his own costs, as well as to pay those
of the Parliament, in Case T-85/99.

(1) OJ No C 160 of 5/6/99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 September 2000

in Case T-138/99: Luc Verheyden v Commission of the
European Communities (1)

(Officials — Prior administrative complaint — Time-limits
— New fact — Promotion — Comparative examination on
the merits)

(2001/C 95/19)

(Language of the case: French)

In Case T-138/99: Luc Verheyden, an official of the Com-
mission of the European Communities, residing in Angera
(Italy), represented by E. Boigelot, of the Brussels Bar, with an
address for service in Luxembourg at
the Chambers of
L. Schiltz, 2 Rue du Fort Rheinsheim, against Commission of
the European Communities (Agents: C. Berardis-Kayser and
F. Clotuche-Duvieusart) — application for the annulment of
the decision not to promote the applicant to Grade A4 with
retroactive effect from 10 October 1989 and of the decision
not to promote the applicant in the 1998 promotion exercise,
and for compensation for the non-pecuniary damage which
he claims to have suffered — the Court of First Instance
(Fifth Chamber), composed of: R. Garcı´a-Valdecasas, President,
P. Lindh and J.D. Cooke, Judges; G. Herzig, Administrator, for
the Registrar, has given a judgment on 26 October 2000, the
operative part of which is as follows:

1.

2.

The application is dismissed;

Each party shall bear its own costs.

(1) OJ C 226 of 7.8.99.

of 21 November 2000

in Case T-214/99: Manuel Toma´s Carrasco Benı´tez v
Commission of the European Communities (1)

(Officials — Recruitment — Access to internal competitions
— Competition notice — Condition relating to length of
service — Professional experience of the candidate)

(2001/C 95/20)

(Language of the case: French)

In Case T-214/99: Manuel Toma´s Carrasco Benı´tez, an official
of the Commission of the European Communities, residing in
London, represented by J.-N. Louis, G. Parmentier and V. Peere,
of the Brussels Bar, with an address for service in Luxembourg
at Société de gestion fiduciaire SARL, 13 Avenue du Bois,
against Commission of the European Communities (Agents:
J. Currall and D. Waelbroeck) — application for the annulment
of the decision of the internal selection boards for competitions
COM/T/R/ADM/A/98, COM/R/5179/98, COM/R/5182/98,
COM/R/5183/98, COM/R/5188/98 and COM/R/5190/98 not
to admit him to those competitions — the Court of First
Instance (Third Chamber), composed of K. Lenaerts, President,
J. Azizi and M. Jaeger, Judges; J. Palacio Gonza´lez, Adminis-
trator, for the Registrar, gave a judgment on 21 November
2000, in which it:

1.

2.

dismisses the application;

orders each of the parties to bear its own costs.

(1) OJ No C 333 of 20/11/99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 December 2000

in Case T-11/00: Michel Hautem v European Investment
Bank (1)

(Officials — Removal from post — Failure to comply with a
judgment annulling a decision — Article 233 EC — Non-
liability of the Community — Non-material
contractual

damage — Compensation)

(2001/C 95/21)

(Language of the case: French)

In Case T-11/00: Michel Hautem, a servant of the European
Investment Bank, residing in Schouweiler (Luxembourg), rep-
resented by M. Karp and J. Choucroun, of the Luxembourg

C 95/12

EN

Official Journal of the European Communities

24.3.2001

Bar, with an address for service in Luxembourg at
the
Chambers of M. Karp, 84 Grand-Rue, against European
Investment Bank (Agents: J.-P. Minnaert and G. Vandersanden)
— application for compensation for the non-material damage
which the applicant claims to have suffered by reason of the
refusal of the European Investment Bank to comply with the
judgment of the Court of First Instance of 28 September 1999
in Case T-140/97 Hautem v EIB [1999] ECR-SC I-A-171 and
II-897 — the Court of First Instance (Fifth Chamber), compo-
sed of: R. Garcı´a-Valdecasas, President, P. Lindh and J.D. Cooke,
Judges; G. Herzig, Administrator, for the Registrar, has given a
judgment on 12 December 2000 in which it:

1. Orders the European Investment Bank to pay to the applicant
EUR 25 000 in reparation of the non-material damage which
he has incurred;

2. Orders the European Investment Bank to pay the costs relating

to the main proceedings;

3. Orders the European Investment Bank to pay to the cashier of
the Court the sum of EUR 3 000, or any lower amount
justified by the applicant as expenses relating to the main
proceedings;

4. Orders each party to bear its own costs in regard to the

proceedings for interim measures.

(1) OJ C 79 of 18.3.00.

the Court of First Instance (First Chamber), composed of:
B. Vesterdorf, President, M. Vilaras and N.J. Forwood, Judges;
H. Jung, Registrar, has given a judgment on 15 November
2000, the operative part of which is as follows:

1.

2.

3.

The Commission’s decision of 10 February 1999 refusing to
recognise the occupational origin of the disease suffered by
Arlette Fernandes-De Corte is annulled;

The remainder of the application is dismissed;

The Commission is ordered to pay the costs.

(1) OJ C 122 of 29.4.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 November 2000

in Case T-23/00: A v Commission of the European
Communities (1)

(Officials — Criminal conviction by a national court —
Disciplinary procedure — Removal from post)

(2001/C 95/23)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(Language of the case: French)

of 15 November 2000

in Case T-20/00: Ivo Camacho-Fernandes v Commission
of the European Communities (1)

(Officials — Occupational disease — Exposure to asbestos
and other substances — Irregularity in the opinion of the
medical committee — Default procedure)

(2001/C 95/22)

(Language of the case: French)

In Case T-23/00: A, a former official of the Commission of the
European Communities, represented by L. Vogel, of
the
Brussels Bar, with an address for service in Luxembourg at the
Chambers of C. Kremer, 6 Rue Heinrich Heine, against
Commission of the European Communities (Agents: G. Valse-
sia and J. Currall) — application for the annulment of the
Commission’s decision of 4 November 1999 rejecting the
complaint lodged by the applicant challenging its decision of
23 April 1999 ordering his removal from post and, so far as
is necessary, annulment of the opinion delivered by the
Disciplinary Board on 30 November 1998 — the Court of
First Instance (Third Chamber), composed of: K. Lenaerts,
President, J. Azizi and M. Jaeger, Judges; J. Palacio Gonza´lez,
Administrator, for the Registrar, has given a judgment on
21 November 2000, the operative part of which is as follows:

In Case T-20/00:
Ivo Camacho-Fernandes, an official of
the Commission of the European Communities, residing in
Overijse (Belgium), represented by N. Lhoëst, of the Brussels
Bar, with an address for service in Luxembourg at the offices
of Fiduciaire Becker & Cahen, 3 Rue des Foyers, against
Commission of the European Communities — application for
the annulment of the Commission decision of 10 February
1999 refusing to recognise the occupational origin of the lung
cancer which resulted in the death of the applicant’s wife —

1.

2.

The application is dismissed;

Each party shall bear its own costs.

(1) OJ C 79 of 18.3.00.