CELEX: C1995/159/59
Language: en
Date: 1995-06-24 00:00:00
Title: Removal from the register of Case T-20/93

24 . 6 . 95            EN                  Official Journal of the European Communities                              No C 159/29
— annul the decision of 20 July 1994 drawing up the                          Removal from the register of Case T-445/93 ( )
     applicant's staff report for the period 1992 to 1993 and                                     ( 95/C 159/60 )
     all subsequent decisions adopted on the basis of that
     report,
                                                                                     (Language of the case: English)
— annul, to the extent necessary, the decision of
     10 February 1995 expressly rejecting the applicant's             By order of 6 April 1 995 the President of the Fourth
    complaint, and                                                    Chamber (extended composition ) of the Court of First
                                                                      Instance of the European Communities ordered the removal
— order the defendant to pay the costs .                              from the register of Case T-445/93 : Eastern Electricity pic,
                                                                      East Midlands Electricity pic, Electricity Association
Pleas in law and main arguments adduced in support:                   Services Limited, London Electricity pic, Manweb pic,
The applicant, an official of the Court of Auditors of grade          Midlands Electricity pic, National Power pic, Northern
A 5 and President of the Staff Committee of that institution          Electric pic, Norweb pic, PowerGen pic, Seeboard pic,
at the material time, complains that the appointing                   Southern Electric pic, South Wales Electricity pic, South
authority failed to observe certain principles of law when            Western Electricity pic, The National Grid Company pic
drawing up his staff report for the period 1992 to 1993 .             and Yorkshire Electricity Group pic v . Council of the
                                                                      European Union and Commission of the European
He argues that it was contrary to Article 43 of the Staff             Communities .
Regulations and general implementing provisions for his
staff report to have been drawn up by the head of his original        f 1 ) OJ No C 57, 4 . 3 . 1992 .
department when, during the material time, he had been
placed at the disposal of the Staff Committee on a full-time
basis .
Moreover, since the general implementing provisions
provide that the Secretary-General is, in the event of an                      Removal from the register of Case T-8/94 H
appeal, competent only in respect of those officials assessed                                       95/C 159/61 )
who are directly under the authority of the director of a
preparatory group, which is not the case of the Staff
Committee , it is contrary to those provisions for his                                (Language of tbe case: French)
definitive staff report to have been drawn up by the
Secretary-General .                                                   By order of 10 May 1995 the President of the Second
                                                                      Chamber of the Court of First Instance of the European
Finally, the applicant stresses the fact that over the period in      Communities ordered the removal from the register of Case
question his immediate superior could not have taken                  T-8/94 : H. v. Commission of the European
account of developments in his merits since his last staff            Communities .
report, given that the duties undertaken by the Staff
Committee form an integral part of the services which                 f 1 ) OJ No C 59 , 26 . 2 . 1994 .
officials are required to ensure .
        Removal from the register of Case T-20/93 C )                        Removal from the register of Case T- 1 88/94 ( 1 )
                         ( 95/C 159/59 )                                                          ( 95/C 159/62
                (Language of the case: Frencb)                                       (Language of the case: Frencb)
By order of 5 April 1995 the President of the Third Chamber           By order of 7 April 1995 the President of the Second
of the Court of First Instance of the European Communities            Chamber of the Court of First Instance of the European
ordered the removal from the register of Case T-20/93 :               Communities ordered the removal from the register of Case
Willy Seghers v . Council of the European Union.                      T-l 88/94: Nathalie Creste v . Council of the European
                                                                      Union .
(M OJ No C 89 , 31 . 3 . 1993 .
                                                                      f 1 ) OJ No C 174 , 25 . 6 . 1994 .