Judgment of the Court of First Instance of 23 January 2002 in Case T-237/00 Patrick Reynolds v European Parliament (Officials — Secondment in the interests of the service — Article 38 of the Staff Regulations Po — litical group — Early termination of secondment — Rights of the defence — Non-contractual liability of the Community)
Date: 2002-05-04
Institutions: Court of First Instance
Subjects: European Parliament, European official, action for annulment (EU), appointment of staff, personnel administration

4.5.2002

EN

Official Journal of the European Communities

C 109/45

P. Mengozzi, President, V. Tiili and R.M. Moura Ramos, Judges;
J. Plingers, Administrator, Registrar, has given a judgment on
7 February 2002, in which it:

composed of M. Jaeger, President, K. Lenaerts and J. Azizi,
Judges; J. Plingers, administrator, for the Registrar, gave a
judgment on 23 January 2002, in which it:

1. Annuls the Council’s decision of 5 June 2000 refusing the
applicant access to certain reports drawn up by the Centre for
Information, Discussion and Exchange on Asylum, to certain
reports of joint missions or reports of missions undertaken by
Member States sent to the Centre, and to information contained
in the list of persons responsible in the Member States for
asylum applications to which access is permitted in certain
Member States, with the exception of those persons’ telephone
and fax numbers;

2. Orders the Council to pay the applicant’s costs and to bear its

own costs.

(1) OJ C 316 of 4.11.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 January 2002

in Case T-237/00 Patrick Reynolds v European Parlia-
ment (1)

(Officials — Secondment in the interests of the service —
Article 38 of the Staff Regulations Po — litical group —
Early termination of secondment — Rights of the defence —
Non-contractual liability of the Community)

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 political group EDD and
reinstating him in the Directorate-General for Information and
Public relations with effect from 15 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 on secondment in Grade A2, Step 1,
and that which he received following his reinstatement in
Grade LA5, Step 3,
the period 15 July 2000 to
30 November 2000, plus default interest at the rate of 5,25 %
from the date on which the amounts making up the sum
referred to in paragraph 149 were payable until the date of
actual payment;

for

3. Declares the action for damages inadmissible in so far as the
applicant seeks compensation for the harm caused by the
conduct, not involving the taking of decisions, of the EDD
group and certain of its members;

4. Orders the Parliament to pay the applicant the sum of 1 euro
by way of symbolic damages for the non-pecuniary harm
sustained as a result of the adoption of the contested decision;

5. Orders the Parliament

to pay all

the costs of

the main

proceedings;

6. Orders the parties to bear their own costs in the interlocutory

proceedings.

(1) OJ C 302, 21.10.2000.

(2002/C 109/90)

ORDER OF THE COURT OF FIRST INSTANCE

(Language of the case: French)

of 11 December 2001

In Case T-237/00: Patrick Reynolds, an official of the European
Parliament, residing in Brussels, represented by P. Legros
lawyers, with an address for service in
and S. Rodrigues,
Luxembourg, against European Parliament (Agents: H. von
Hertzen and D. Moore) — 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, damages in respect of the harm sustained by the
applicant as a result of the adoption of that decision by the
defendant and of the acts of the political group and certain of
its members — the Court of First Instance (Third Chamber),

in Case T-99/97: Willem Stols v Council of the European
Union (1)

(Officials — Application for reclassification in grade —
Objection of inadmissibility — Material new fact —
Admissibility)

(2002/C 109/91)

(Language of the case: French)

In Case T-99/97: Willem Stols, an official of the Council of the
European Union, residing at SE Halsteren (Netherlands),