CELEX: C1997/252/69
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 14 July 1997 in Case T-123/95: B v. European Parliament (Temporary staff - Engagement on the basis of Article 2 (b) of the Conditions of Employment of other servants of the European Communities - Termination of employment pursuant to Article 47 (2) (a) of the Conditions of Employment of other servants - Breach of essential procedural requirements - Compliance with a properly introduced internal procedure - Statement of reasons for the decision terminating the employment)

16 . 8 . 97             EN                Official Journal of the European Communities                                No C 252/31
Group of the European Parliament, residing at                        Lorenz) — application for annulment of the decision of
Gottmadingen ( Germany ), represented by Lucas Vogel and             the Parliament of 28 November 1995 rejecting a request
Gisele Stépanian, both of the Brussels Bar, and, at the              by the applicant for the assignment to her of non-active
hearing, by Beatrice Gribomont, of the Brussels Bar, with            status within the meaning of Article 41 of the Staff
an address for service in Luxembourg at the chambers of              Regulations of officials of the European Communities —
Christian Kremer, 8—10 Rue Mathias Hardt, against the                the Court of First Instance ( Fifth Chamber), composed of:
European Parliament ( Agents: Manfred Peter and Arnaldo              R. García-Valdecasas, President, J. Azizi and M. Jaeger,
Pinto ) — application for the annulment of the decision of           Judges; H. Jung, Registrar, has given a judgment on 11 July
the European Parliament refusing to pay the applicant Bfrs           1997, in which it:
124 120 by way of compensation for 19,5 days of leave
allegedly not taken at the time of his departure, following
the termination of his contract as a member of the                   1 . dismisses the application;
temporary staff — the Court of First Instance ( Fifth
Chamber), composed of R. García-Valdecasas, President                2 . orders the parties to bear their own costs.
of the Chamber, J. Azizi and M. Jaeger, Judges; A. Mair,
Administrator, for the Registrar, has given a judgment on
                                                                     (') OJ No C 294, 5 . 10 . 1996 .
11 July 1997, in which it:
1 . annuls the Parliament's decision of 26 February 1996
     in so far as it considers that the applicant's absence
     during the period between 14 and 23 September 1994
     was unauthorized;
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                              of 14 July 1997
2 . orders the Parliament to pay Mr Schoch compensation
     corresponding to nine days of leave not taken, the                      in Case T- 123/95 : B v. European Parliament (^
     amount to be determined in accordance with the
                                                                     (Temporary staff — Engagement on the basis of
     second paragraph of Article 4 of Annex V to the Staff           Article 2 (b) of the Conditions of Employment of other
     Regulations. Interest on arrears is to be paid in respect       servants of the European Communities — Termination of
     of that sum at the rate of 8% per annum as from                 employment pursuant to Article 47 (2) (a) of the
     8 March 1 996 until the date of actual payment;                 Conditions of Employment of other servants — Breach of
                                                                     essential procedural requirements — Compliance with a
3 . dismisses the remainder of the application;                      properly introduced internal procedure — Statement of
                                                                          reasons for the decision terminating the employment)
                                                                                               ( 97/C 252/69 )
4 . orders the parties to bear their own costs.
(') OJ No C 133 , 4 . 5 . 1996 .
                                                                                      (Language of the case: Italian)
                                                                     In Case T-123/95 : B, a former member of the temporary
                                                                     staff of the European Parliament, residing at Messina
                                                                     ( Italy), represented by Jean Noel Louis, of the Brussels
                                                                     Bar, and Alberto Panuccio, of the Reggio di Calabria Bar,
                                                                     with an address for service in Luxembourg at the offices
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            of Fiduciaire Myson Sari, 30 Rue de Cessange, v.
                          of 11 July 1997                            European Parliament ( Agents : Manfred Peter and Antonio
                                                                     Caiola ) — application for annulment of the decision
in Case T-108/96:           Mireille Cesarotto v.    European        terminating the applicant's contract of employment and
                           Parliament (M
                                                                     for compensation for the various types of damage
(Officials — Article 41 of the Staff Regulations — Action            allegedly suffered by him as a result of such termination
for annulment of a decision rejecting a request for                  — the Court of First Instance ( First Chamber ), composed
               assignment of non-active status)                      of: A. Saggio, President, and V. Tiili and R. M. Moura­
                                                                     Ramos, Judges; A. Mair, Administrator, for the Registrar,
                            97/C 252/68 )                            has given a judgment on 14 July 1997, in which it:
                (Language of the case: French)                       1 . dismisses the action;
In Case T-108/96 : Mireille Cesaratto, an official of the            2 . orders the Parliament to pay the costs.
European Parliament, residing in Luxembourg, represented
by Gaston Vogel and Ferdinand Burg, of the Luxembourg                (') OJ No C 229, 2 . 9 . 1995 .
Bar, with an address for service in Luxembourg at the
Chambers of Gaston Vogel, 42 Boulevard Joseph II, v.
European Parliament ( Agents: Manfred Peter and Norbert