CELEX: C2002/003/53
Language: en
Date: 2002-01-05 00:00:00
Title: Judgment of the Court of First Instance of 20 September 2001 in Case T-171/00: Peter Spruyt v Commission of the European Communities (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)

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
                                                                                                 of 20 September 2001
in Case T-171/00: Peter Spruyt v Commission of the
                    European Communities (1)
                                                                           in Case T-95/01: Gérald Coget and Others v Court of
(Officials — Protection against the risk of accident and of                          Auditors of the European Communities (1)
occupational disease — Entitlement to benefits provided for
under Article 73 of the Staff Regulations — Hang-gliding
                              accident)
                                                                           (Officials — Post of Secretary General — Appeal for
                                                                           candidacies — ‘High level’ experience — Wide measure of
                            (2002/C 3/53)
                                                                                  discretion of the institution — Call to interview)
                     (Language of the case: French)
                                                                                                        (2002/C 3/54)
In Case T-171/00: Peter Spruyt, an official of the Commission
of the European Communities, residing in Arolo di Leggiuno                                     (Language of the case: French)
(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                   In Case T-95/01: Gérald Coget, an official of the Court of
J. Azizi, President, K. Lenaerts and M. Jaeger, Judges; J. Palacio         Auditors of the European Communities, residing in Hettange-
González, Administrator, for the Registrar, gave a judgment               Grande (France), Pierre Hugé, an official of the Court of
on 20 September 2001 in which it:                                          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
1.    annuls the decision of the Commission of 13 September 1999           (France), represented by A. Soulier, avocat, with an address for
      refusing to apply to the applicant Article 73 of the Staff           service in Luxembourg, against Court of Auditors of the
      Regulations of Officials of the European Communities,                European Communities (Agents: J.-M. Stenier, P. Giusta,
                                                                           B. Schäfer and D. Waelbroeck) — application for annulment
2.    orders the Commission to reimburse to the applicant all the          of the decision of the Court of Auditors of 22 February 2001
      medical expenses connected with the hang-gliding accident            to appoint Michel Hervé to the post of Secretary General of
      sustained by him on 9 May 1999 other than those which have           the institution with effect from 1 July 2001 — the Court of
      been reimbursed to him under Article 72 of the Staff                 First Instance (Third Chamber), composed of J. Azizi, President,
      Regulations, together with default interest at the annual rate of    K. Lenaerts and M. Jaeger, Judges; J. Plingers, Administrator,
      6,25 % as from 13 September 1999,                                    for the Registrar, gave a judgment on 20 September 2001, in
                                                                           which it:
3.    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,       1.    dismisses the application;
      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
                                                                           2.    orders the parties to bear their own costs, including those arising
      occupational disease.
                                                                                 from the application for interim relief.
4.    orders the Commission to pay the costs.
                                                                           (1) OJ C 186 of 30.6.2001.
(1) OJ C 247 of 26.8.2000.