CELEX: C1996/108/20
Language: en
Date: 1996-04-13 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 7 March 1996 in Case T-362/94: Jan Robert De Rijk v. Commission of the European Communities (Officials - Supplementary sickness insurance scheme for officials posted outside the Communities - Procedure for reimbursement of medical expenses)

13 . 4 . 96           EN                    Official Journal of the European Communities                               No C 108/9
     candidatures for the posts declared vacant by Notice               JUDGMENT OF THE COURT OF FIRST INSTANCE
     No C] 68/92, and the defendant's decision of 27 June                                     of 7 March 1996
     1994, in so far as it rejects the part of complaint               in Case T-146/94 : Calvin Williams v. Court of Auditors of
     Cont. 12/94-R lodged against that decision;
                                                                                       the European Communities ( 1 )
4 . dismisses the remainder of the application;                        (Officials — Obligations — Acts incompatible with the
                                                                       dignity of the public service — Duty to act in good faith —
5 , orders the defendant to bear its own costs, and one                      Disciplinary proceedings — Removal from post)
     quarter of the applicant's costs, and the applicant to                                      ( 96/C 108/ 19 )
     bear three-quarters of his own costs.
                                                                                       (Language of the case: French)
(') OJ No C 304, 29 . 10 . 1994 .
                                                                       In Case T-146/94 : Calvin Williams, a former official of the
                                                                       Court of Auditors of the European Communities, residing at
                                                                       Luxembourg, represented by Eric Boigelot, of the Brussels
                                                                       Bar, with an address for service in Luxembourg at the
                                                                       Chambers of Jean-Paul Noesen, 18 Rue des Glacis, v. Court
 JUDGMENT OF THE COURT OF FIRST INSTANCE                               of Auditors of the European Communities ( Agents :
                        of 6 March 1996                                Jean-Marie Stenier, Jan Inghelram and Paolo Giusta ) —
in Case T-93 /94 : Michael Becker v . Court of Auditors of the         application for the annulment, first, of the decision of the
                  European Communities ( 1 )                           Court of Auditors of 24 June 1993 removing the applicant
                                                                       from his post without reduction or withdrawal of his
(Officials — Classification in step — Seniority — Equal                entitlement to a retirement pension, second, of the decision
treatment — Duty to have regard to the interests of                    of 24 January 1994 expressly rejecting his complaint and,
                               officials)                              third, in so far as may be necessary, of the decision of
                           ( 96/C 108/ 18 )                            23 January 1994 impliedly rejecting that complaint — the
                                                                       Court of First Instance ( Fifth Chamber ), composed of
                                                                       R. Schintgen, President, and R. Garci'a-Valdecasas and
               (Language of the case: German)
                                                                       J. Azizi , Judges; J. Palacio Gonzalez, Administrator, for
                                                                       the Registrar, has given a judgment on 7 March 1996 , in
In Case T-93/94 : Michael Becker, an official at the Court             which it :
of Auditors of the European Communities, residing
in Luxembourg, represented by Roy Nathan, of the                       1 , dismisses the action;
Luxembourg Bar, with an address for service in
Luxembourg at the latter's Chambers, 18 Rue des Glacis, v-.
Court of Auditors of the European Communities ( Agents :               2 , orders the parties to bear their own costs.
Jean-Marie Stenier and Jan Inghelram ) — application for
the annulment of the decision of the Court of Auditors of
                                                                       (') OJ No C 146 , 28 . 5 . 1994 .
2 December 1993 rejecting the applicant's complaint
concerning his classification in step — the Court of First
Instance ( First Chamber ), composed of: A. Saggio,
President, V. Tiili and R. M. Moura-Ramos, Judges;
B. Pastor, Principal Administrator, for the Registrar, has
given a judgment on 6 March 1996 , in which it:
                                                                        JUDGMENT OF THE COURT OF FIRST INSTANCE
 1 , annuls the refusal of the Court of Auditors to reclassify                                of 7 March 1996
     the applicant in step, pursuant to Council Regulation
     (EEC, Euratom, ECSC) No 3947/92 of 21 December                    in Case T-362/94: Jan Robert De Rijk v. Commission of the
     1 992 amending the Staff Regulations of Officials and                               European Communities ( ] )
     the Conditions of Employment of Other Servants of the              (Officials — Supplementary sickness insurance scheme for
     European Communities, with effect from 1 January                   officials posted outside the Communities — Procedure for
     1993 , as he had requested by letter of 5 February 1993,                       reimbursement of medical expenses)
     together with the Court of Auditors ' decision of                                            ( 96/C 108/20 )
     2 December 1993 rejecting the applicant's complaint
     against that refusal;
                                                                                       (Language of the case: French)
 2 , orders the Court ofAuditors to bear its own costs and to
     pay the costs incurred by the applicant.                           In Case T-362/94 : Jan Robert De Rijk, an official of the
                                                                        European Communities, residing at Helsinki , represented
                                                                        by Nicolas Lhoëst, of the Brussels Bar, with an address for
 0 ) OJ No C 120 , 30 . 4 . 1994 .
                                                                        service in Luxembourg at the offices of Fiduciaire Myson
                                                                        SARL, 1 Rue Glesener, v . Commission of the European
                                                                        Communities ( Agents : Gianluigi Valsesia and Julian
 ---pagebreak--- No C 108/ 10          EN                 Official Journal of the European Communities                                     13 . 4 . 96
Currall ) — application for the annulment of the decision of            ORDER OF THE COURT OF FIRST INSTANCE
the Commission of 18 January 1994, inasmuch as it does                                   of 15 February 1996
not reimburse to the applicant the full difference between
the medical expenses incurred by him for a dependent                in Case T-5/95 : Amicale des Résidents du Square
child and the amounts payable under the joint sickness                      d'Auvergne v. Commission of the European
insurance scheme — the Court of First Instance ( Fifth                                      Communitiesf 1 )
Chamber ), composed of: R. Schintgen, President, and                (Competition — Action for annulment — Action for failure
R. Garcia-Valdecasas and J. Azizi , Judges; H. Jung,                to act — Action for damages — Application for directions to
Registrar, has given a judgment on 7 March 19 96 , in               be issued to the Commission — Admissibility — No need to
which it :                                                                                   give a decision)
                                                                                              ( 96/C 108/22 )
1 , dismisses the application -,
                                                                                   (Language of the case: French)
2 . orders the parties to bear their own costs.
(') OJ No C 380 , 31 . 12 . 1994 .                                  In Case T- 5/95 : Amicale des Résidents du Square
                                                                    d'Auvergne, established in Massy, France, represented by
                                                                    Jean-Marc Florand, of the Paris Bar, v . Commission of the
                                                                    European Communities ( Agents : Giuliano Marenco and
                                                                    Wouter Wils ) — application for ( 1 ) a declaration that the
                                                                    Commission has failed to act and an order directing it to
 JUDGMENT OF THE COURT OF FIRST INSTANCE                            continue its investigation of a complaint; (2 ) the annulment
                      of 12 March 1996                              of the Commission's decisions contained in its letters to the
in Case T-361 /94 : Henry A. Weir v. Commission of the              applicant of 20 September 1994, 5 October 1994 and
                  European Communities ( 1 )                        26 October 1994 , and ( 3 ) an order that the Commission pay
                                                                    ECU 10 million by way of damages — the Court of First
(Officials — Partial permanent invalidity — Equality of             Instance ( First Chamber), composed of: A. Saggio,
treatment — Change in purchasing power — Delay                      President, V. Tiili and R. M. Moura-Ramos , Judges;
in dealing with a matter — Default interest —                       H. Jung, Registrar, has made an order on 1 5 February 1 996 ,
                         Admissibility)                             in which it orders :
                          96/C 108 /21 )
                                                                    I . there is no need to give a decision on the claim for failure
               (Language of the case: German)                           to act;
In Case T-361 /94 : Henry A. Weir, a former official of the
Commission of the European Communities, residing at                 2 . the remainder of the application is dismissed as
                                                                        inadmissible;
Glasgow ( United Kingdom ), represented by Hans-Josef
Ruber, Rechtsanwalt, Cologne, with an address for service
in Luxembourg at the Chambers of Ernest Arendt, 8-10 Rue            3 , the parties shall bear their own costs, including the costs
Mathias Hardt, v . Commission of the European                           of the proceedings for interim measures.
Communities ( Agents : Julian Currall and Bertrand
Wàgenbaur ) — application, first, for the annulment of the          (') OJ No C 54, 4 . 3 . 1995 .
decision of the Commission of 25 February 1994, adopted
pursuant to Article 73 of the Staff Regulations of officials of
the European Communities, alternatively an award of
compensatory interest, and, second, an award of default
interest — the Court of First Instance ( Third Chamber ),
composed of: C. P. Briët, President, and B. Vesterdorf and
A. Potocki, Judges; H. Jung, Registrar, has given a judgment                       ORDER OF THE PRESIDENT
on 12 March 1996 , in which it:                                              OF THE COURT OF FIRST INSTANCE
                                                                                         of 27 February 1996
 1 , dismisses the application as inadmissible, inasmuch as it      in Case T-235/95 R: Anthony Goldstein v. Commission of
     seeks directions to the Commission and an order
                                                                                     the European Communities
     requiring the Commission to pay compensatory
     interest;
                                                                                              ( 96/C 108/23 )
2 , dismisses the remainder of the application as                                  (Language of the case: English)
     unfounded;
                                                                    In Case T-235/95 R : Anthony Goldstein a medical
3 , orders the parties to bear their own costs.                     practitioner residing in London, represented by Raymond
                                                                    St John Murphy, Solicitor, against Commission of the
 O OJ No C 380 , 31 . 12 . 1994 .                                   European Communities ( Agent: Richard Lyal ) —
                                                                    application for an interlocutory order for interim measures
                                                                    — the President of the Court of First Instance made an order