CELEX: C1996/197/38
Language: en
Date: 1996-07-06 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 21 May 1996 in Case T-148/95, W v. Commission of the European Communities (Officials - Permanent partial invalidity - Surgical operation)

No C 197/18        | EN j                Official Journal of the European Communities                                       6. 1. 96
      Removal from the register of Case C-116/95 ( ] )              Register of Case C-l 16/95 : Commission of the European
                        (96/C 197/37)                               Communities v. Italian Republic.
By order of 3 May 1 996 , the President of the Court of Justice
of the European Communities ordered the removal from the            (') OJ No C 159, 24. 6 . 1995 .
                                                   COURT OF FIRST INSTANCE
JUDGMENT OF THE COURT OF FIRST INSTANCE                              JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 21 May 1996                                                         of 22 May 1996
in Case T-148/95 , W v. Commission of the European                  in Case T-140/94 , Enrique Gutiérrez de Quijano y Llorens
                       Communities ( ] )                                                v. European Parliament ( 1 )
(Officials — Permanent partial invalidity — Surgical                (Officials — Action for annulment — Action for
                            operation)                              compensation — Interinstitutional transfer — Article 29 (1 )
                        ( 96/C 197/38                                                    of the Staff Regulations)
                                                                                                 ( 96/C 197/39 )
              (Language of the case: French)                                         (Language of the case: Spanish)
                                                                    In Case T-140/94 : Enrique Gutiérrez de Quijano y Llorens,
                                                                    an official of the Court of Justice of the European
In Case T-148/95 : W, an official of the Commission of the          Communities, represented initially by Carlos de la Sotilla y
European Communities, residing in Brussels, represented by          Diez de Oñate, of the Madrid Bar, and subsequently by
Georges Vandersanden, of the Brussels Bar, with an address          Sonia Sequéro Marcos, of the Malaga Bar, with an address
for service in Luxembourg at the offices of Fiduciaire              for service in Luxembourg at the residence of Enrique
Myson, 1 rue Glesener, against the Commission of the                Quijano, 53 rue de Beggen, against the European Parliament
European Communities ( Agent: Julian Currall ) —                    ( Agents : Manfred Peter and José Luis Rufas Quintana ) —
application for, first, the annulment of the Commission's           application for the annulment of the European Parliament's
decision of 25 October 1994 fixing the applicant's                  decision of 10 January 1994 , rejecting the applicant's
permanent partial invalidity rate at 0 % for as long as he          complaint against the earlier decision of 16 August 1993
refused to undergo a surgical operation and, secondly, an           whereby the Parliament rejected his application for transfer
order requiring the Commission to pay the applicant's               to a post as a Spanish-language interpreter, and also for
doctors' fees and symbolic damages of one ecu in                    compensation for the non-material damage which the
compensation for the non-material damage allegedly                  applicant claims to have suffered by reason of the refusal of
suffered — the Court of First Instance ( Fifth Chamber ),           such transfer — the Court of First Instance ( Second
composed of R. Schintgen ( President of the Chamber ), R.           Chamber ), composed of H. Kirschner ( President of the
Garcia-Valdecasas and J. Azizi, Judges; J. Palacio Gonzalez,        Chamber ), C. W. Bellamy and A. Kalogeropoulos, Judges;
Administrator, for the Registrar, has given a judgment on           B. Pastor, Principal Administrator, for the Registrar, has
21 May 1996 , in which it:                                          given a judgment on 22 May 1996, in which it:
                                                                    1 , annuls the Parliament's decision of 10 January 1994
1 , dismisses the application;                                             rejecting the applicant's complaint against the rejection
                                                                           of his candidature for the vacant post which was the
                                                                           subject of Notice No PE/LA/91 of 15 March 1993;
2 , orders the parties to bear their own costs.
                                                                    2 , dismisses the remainder of the application;
0 ) OJ No C 268 , 14 . 10 . 1995 .                                  3 , orders the Parliament to pay the whole of the costs.
                                                                     ( ! ) OJ No C 146 , 28 . 5 . 1994 .