Judgment of the Court of First Instance of 3 July 2001 in Joined Cases T-24/98 and T-241/98: E v Commission of the European Communities (Officials — Temporary agent — Disciplinary action — Suspension — Disciplinary measure — Termination without notice of the contract — Period prescribed by the third paragraph of Article 7 of Annex IX to the Staff Regulations — Disregarded — Consequences — Action for annulment and damages — No need to adjudicate)
Date: 2001-09-15
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrative sanction, power to appoint, regulations for civil servants, servant (EU)

C 259/6

EN

Official Journal of the European Communities

15.9.2001

5. Orders the Commission to pay the costs.

— the remainder of the application is dismissed;

6. Orders the United Kingdom of Great Britain and Northern
the French Republic and the Federal Republic of

Ireland,
Germany to bear their own costs.

— the parties shall bear their own costs, including those

relating to the interlocutory proceedings.

3.

In Case T-241/99:

(1) OJ C 318 of 18.10.97, C 378 of 20.12.97, C 94 of 28.3.98 and

C 246 of 28.8.99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

— the Commission is ordered to pay to the applicant
EUR 1 000 by way of compensation for non-material
damage;

— the remainder of the application is dismissed;

— the Commission shall, in addition to bearing its own

costs, pay one-quarter of the applicant’s costs.

of 3 July 2001

(1) OJ C 94 of 28.3.98 and C 6 of 8.1.98.

in Joined Cases T-24/98 and T-241/99: E v Commission of
the European Communities (1)

(Officials — Temporary agent — Disciplinary action —
Suspension — Disciplinary measure — Termination without
notice of the contract — Period prescribed by the third
paragraph of Article 7 of Annex IX to the Staff Regulations
— Disregarded — Consequences — Action for annulment
and damages — No need to adjudicate)

(2001/C 259/06)

(Language of the case: French)

In Joined Cases T-24/98 and T-241/98: E, temporary member
of staff of the Commission of the European Communities,
residing in T.I. (Italy), represented by J.-N. Louis, G.-F. Parmen-
tier and V. Peere,
lawyers, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agents: G. Valsesia and J. Currall) — application,
in
Case T-24/98, first, for annulment of the decision of the
Commission of 12 November 1997 to continue to keep the
applicant on suspension from duties and, secondly, seeking an
order requiring the Community to make good the damage
allegedly suffered by the applicant as a result of that decision
and, in Case T-241/99, an application, first, for annulment of
the decision of
the Commission of 22 December 1998
imposing on the applicant the disciplinary measure of termin-
ation without notice of the temporary-agent contract and,
secondly, seeking an order requiring the Community to make
good the damage allegedly suffered by the applicant as a result
of that decision and of the disciplinary procedure — the Court
of First Instance (Second Chamber), composed of A.W.H. Meij,
President, A. Potocki and J. Pirrung, Judges; H. Jung, Registrar,
gave a judgment on 13 July 2001, the operative part of which
is as follows:

1.

2.

Cases T-24/98 and T-241/99 are joined for the purposes of
the judgment.

In Case T-24/98:

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 May 2001

in Case T-68/99 Toditec NV v Commission of the Euro-
pean Communities (1)

(Arbitration clause — Non-performance of contract —
Counterclaim)

(2001/C 259/07)

(Language of the case: English)

In Case T-68/99 Toditec NV, established in Antwerp (Belgium),
represented by E. Ballon and H. Dubois, avocats, with an
address for service in Luxembourg, against Commission of the
European Communities (Agents: E. de March, M. Shotter and
J. Stuyck) — application pursuant to an arbitration clause
within the meaning of Article 181 of the EC Treaty (now
Article 238 EC) for the Commission to be required to pay the
sum of ECU 74 967, plus interest at the rate of 7 % (the legal
rate applicable in Belgium) as from 5 June 1998, and
counterclaim by the Commission for the applicant to be
required to pay it the sum of EUR 54 486, plus interest at the
rate of 7 % as from 31 January 1999 — the Court of First
Instance, composed of (Single Judge: M. Vilaras); J. Palacio
Gonza´lez, Administrator, for the Registrar, has given a judg-
ment on 16 May 2001, in which it:

1. Allows the applicant’s claim in so far as it seeks reimbursement
of expenditure on consumables amounting to EUR 4 642.

2. Dismisses the remainder of the application.

— there is no longer any need to adjudicate on the claims for

annulment;

3. Allows the Commission’s counterclaim.