Judgment of the Court of First Instance of 13 December 2000 in Joined Case T-130/98 and T-131/98: Francis Panichelli v European Parliament (Temporary agents — Engaged on the basis of Article 2(c) of the Conditions of Employment of other Servants of the Communities — Reclassification of a post — Absence of promotion to Grade A 4 — Staff reports — Action for annulment and claim for damages — Admissibility of the action — Dismissal pursuant to Article 47(2)(a) of the Conditions of Employment of other Servants of the Communities — Whether internal procedure observed — Reason for dismissal — Misuse of powers)
Date: 2001-04-07
Institutions: Court of First Instance
Subjects: European Parliament, action for annulment (EU), administrator, promotion, servant (EU), staff assessment

7.4.2001

EN

Official Journal of the European Communities

C 108/15

3. Orders the applicants to bear 10 % of their own costs;

4. Orders the Commission to bear its own costs and to pay 90 %

of the costs incurred by the applicants;

5. Orders the French Republic, Chronopost SA and La Poste to

bear their own costs.

3.

4.

orders the defendant to bear the costs in Case T-130/98.

orders each of the parties to bear their own costs, including
those
in Case
T-131/98.

interlocutory proceedings,

relating to the

(1) OJ C 72 of 7.3.1998.

(1) OJ C 327 of 24.10.1998.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 December 2000

in Joined Case T-130/98 and T-131/98: Francis Panichelli
v European Parliament (1)

(Temporary agents — Engaged on the basis of Article 2(c)
of the Conditions of Employment of other Servants of the
Communities — Reclassification of a post — Absence of
promotion to Grade A 4 — Staff reports — Action for
annulment and claim for damages — Admissibility of the
action — Dismissal pursuant to Article 47(2)(a) of the
Conditions of Employment of other Servants of the Com-
munities — Whether internal procedure observed — Reason
for dismissal — Misuse of powers)

(2001/C 108/24)

(Language of the case: French)

In Joined Cases T-130/98 and T-131/98: Francis Panichelli,
former temporary agent of the European Parliament, residing
in Wezembeek-Oppem (Belgium), 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 European Parliament (Agents: M. Moore and J. Sant’An-
na) — application for (Case T-130/98) annulment of the
implied rejection of the applicant’s request of 11 July 1997
and for an order requiring the defendant to pay damages and
(Case T-131/98) for annulment of the decision communicated
on 2 July 1998 bringing to an end the applicant’s temporary
contract — the Court of First Instance (Second Chamber),
composed of J. Pirrung, President, A. Potocki and A.W.H. Meij,
Judges; Blanca Pastor, Principal Administrator, for the Regis-
trar, gave a judgment on 13 December 2000, in which it:

1.

2.

joins Cases T-130/98 and T-131/98 for the purpose of the
judgment.

dismisses the applications in Cases T-130/98 and T-131/98.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 December 2000

in Case T-136/98: Anna Maria Campogrande v Com-
mission of the European Communities (1)

(Officials — Duty to render assistance — Sexual harass-
ment)

(2001/C 108/25)

(Language of the case: French)

In Case T-136/98: Anna Maria Campogrande, an official at
the Commission of the European Communities, residing in
Brussels, represented by A. Krywin, of the Brussels Bar, with
an address for service in Luxembourg at the Chambers of
A. Lutgen, 1 Rue Jean-Pierre Brasseur, against Commission of
the European Communities (Agents: C. Berardis-Kayser and
F. Clotuche-Duvieusart) — first, application for annulment of
the implied decision of the Commission rejecting the appli-
cant’s request for assistance of 27 June 1997 and, secondly, a
claim for damages to make good the harm suffered — the
Court of First Instance (Fourth Chamber), composed of V. Tiili,
President, R.M. Moura Ramos and P. Mengozzi, Judges; Blanca
for the Registrar, gave a
Pastor, Principal Administrator,
judgment on 5 December 2000, in which it:

1.

2.

3.

annuls the implied decision of the Commission rejecting the
applicant’s request for assistance of 27 June 1997;

dismisses the remainder of the application;

orders the Commission to pay the costs.

(1) OJ C 327 of 24.10.1998.