Order of the Court of First Instance of 11 December 2001 in Case T-99/97: Willem Stols v Council of the European Union (Officials — Application for reclassification in grade — Objection of inadmissibility — Material new fact — Admissibility)
Date: 2002-05-04
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), appointment of staff, power to appoint

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),

C 109/46

EN

Official Journal of the European Communities

4.5.2002

represented by N. Lhoëst, lawyer, with an address for service
in Luxembourg, v Council of the European Union (Agents:
T. Blanchet and G. Ramos Ruano) — application for annulment
of the Council’s decision of 13 August 1996 rejecting the
applicant’s request for a review of his classification in grade —
the Court of First Instance (First Chamber), composed of:
B. Vesterdorf, President; N.J. Forwood and H. Legal, Judges;
H. Jung, Registrar, made an order on 11 December 2001, the
operative part of which is as follows:

the defendant

No 01/2000 and that
is not empowered
unilaterally to introduce amendments to the terms and con-
ditions of employment or Staff Rules into the contracts
between the applicants and itself, nor to enforce such amend-
ments, — the Court of First
Instance (Third Chamber),
composed of M. Jaeger, President, K. Lenaerts and J. Azizi,
Judges; Registrar: H. Jung, made an order on 11 December
2001, the operative part of which is as follows:

1.

2.

The application is dismissed as inadmissible;

The parties are ordered to bear their own costs.

(1) OJ C 181 of 14.6.97.

1.

2.

The application is dismissed as inadmissible.

The parties shall bear their own costs.

(1) OJ 2001 C 108.

ORDER OF THE COURT OF FIRST INSTANCE

of 11 December 2001

in Case T-20/01 Maria Concetta Cerafogli and Others v
European Central Bank (1)

(Amendment of the Staff Rules of the European Central
Bank — Action for annulment — Inadmissibility)

(2002/C 109/92)

(Language of the case: German)

In Case T-20/01, Maria Concetta Cerafogli, residing in Frank-
furt (Federal Republic of Germany), Monika Esch-Leonhardt,
residing in Frankfurt, Marco Luigi Fassetta, residing in Wiesba-
den (Federal Republic of Germany), Tillmann Frommhold,
residing in Karben (Federal Republic of Germany), Johannes
Priesemann, residing in Frankfurt and Marc van de Velde,
residing in Usingen (Federal Republic of Germany), represented
by N. Pflüger, R. Steiner and S. Mittländer,
lawyers, with
an address for service in Luxembourg, supported by the
Organisation of Employees in European and International
Institutions in the Federal Republic of Germany (IPSO),
represented by B. Karthaus, M. Roth and C. Roth, lawyers, with
an address for service in Luxembourg, against European
Central Bank (Agents: C. Ziliolo, M. Lo´ pez Torres and B. Wäg-
enbaur) — application for the annulment and/or a declaration
of inapplicability of Articles 7.2.0 and 8.1.0 of the Staff Rules,
Administrative Circular 01/2000 concerning Travel Expenses,
the gateway clause inserted into the applicants’ employment
contracts and the decision of the President of the ECB of
27 November 2000 rejecting the applicants’ complaint, and
for a declaration that the ECB was required to consult the
personnel committee before adopting Administrative Circular

Action brought on 18 December 2001 by Huntstown
Air Park Limited and Omega Aviation Services Limited
against the Commission of the European Communities

(Case T-331/01)

(2002/C 109/93)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 18 December 2001 by Huntstown
Air Park Limited and Omega Aviation Services Limited,
represented by Mr James O’Reilly, SC and Mr Charles A Kelly,
Solicitor of Douglas Kelly & Son, Swinford (Ireland).

The applicant claims that the Court should:

— annul the second indent of Part 6 of the Commission’s
Decision no C(2001)2967 of 5 October 2001 concerning
State Aid NN 86/2001 — AER RIANTA — IRELAND;

— order the Commission to pay the applicant’s costs.