Judgment of the Court of First Instance of 20 September 2001 in Case T-95/01: Gérald Coget and Others v Court of Auditors of the European Communities (Officials — Post of Secretary General — Appeal for candidacies — "High level" experience — Wide measure of discretion of the institution — Call to interview)
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: European Court of Auditors, European official, action for annulment (EU), appointment of staff, staff assessment

5.1.2002

EN

Official Journal of the European Communities

C 3/31

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 September 2001

in Case T-171/00: Peter Spruyt v Commission of the
European Communities (1)

(Officials — Protection against the risk of accident and of
occupational disease — Entitlement to benefits provided for
under Article 73 of the Staff Regulations — Hang-gliding
accident)

(2002/C 3/53)

(Language of the case: French)

In Case T-171/00: Peter Spruyt, an official of the Commission
of the European Communities, residing in Arolo di Leggiuno
(Italy), represented by E. Boigelot, avocat, with an address for
service in Luxembourg, against Commission of the European
Communities (Agent: J. Currall) — application for annulment
of the decision of the Commission of 13 September 1999
whereby it refused to apply to the applicant Article 73 of the
Staff Regulations of Officials of the European Communities —
the Court of First Instance (Third Chamber), composed of
J. Azizi, President, K. Lenaerts and M. Jaeger, Judges; J. Palacio
Gonza´lez, Administrator, for the Registrar, gave a judgment
on 20 September 2001 in which it:

annuls the decision of the Commission of 13 September 1999
refusing to apply to the applicant Article 73 of the Staff
Regulations of Officials of the European Communities,

orders the Commission to reimburse to the applicant all the
medical expenses connected with the hang-gliding accident
sustained by him on 9 May 1999 other than those which have
the Staff
been reimbursed to him under Article 72 of
Regulations, together with default interest at the annual rate of
6,25 % as from 13 September 1999,

1.

2.

3.

of 20 September 2001

in Case T-95/01: Gérald Coget and Others v Court of
Auditors of the European Communities (1)

(Officials — Post of Secretary General — Appeal for
candidacies — ‘High level’ experience — Wide measure of
discretion of the institution — Call to interview)

(2002/C 3/54)

(Language of the case: French)

In Case T-95/01: Gérald Coget, an official of the Court of
Auditors of the European Communities, residing in Hettange-
Grande (France), Pierre Hugé, an official of the Court of
Auditors of the European Communities, residing in Bonnevoie
(Luxembourg), Emmanuel Gabolde, an official of the Court of
Auditors of the European Communities, residing in Metz
(France), represented by A. Soulier, avocat, with an address for
service in Luxembourg, against Court of Auditors of the
European Communities (Agents:
J.-M. Stenier, P. Giusta,
B. Schäfer and D. Waelbroeck) — application for annulment
of the decision of the Court of Auditors of 22 February 2001
to appoint Michel Hervé to the post of Secretary General of
the institution with effect from 1 July 2001 — the Court of
First Instance (Third Chamber), composed of J. Azizi, President,
K. Lenaerts and M. Jaeger, Judges; J. Plingers, Administrator,
for the Registrar, gave a judgment on 20 September 2001, in
which it:

orders the Commission to bear the cost of paying the benefits
referable to total and partial temporary incapacity and partial
permanent incapacity of the applicant, linked to the accident,
under the conditions laid down in Article 73 of the Staff
Regulations and by the Rules on the insurance of officials of the
European Communities against the risk of accident and of
occupational disease.

1.

2.

dismisses the application;

orders the parties to bear their own costs, including those arising
from the application for interim relief.

4.

orders the Commission to pay the costs.

(1) OJ C 247 of 26.8.2000.

(1) OJ C 186 of 30.6.2001.