CELEX: C1998/278/82
Language: en
Date: 1998-09-05 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE (Fourth Chamber) of 11 June 1998 in Case T-173/97, Augusto Fichtner v. Commission of the European Communities (Officials - Late staff report - Promotion - Comparative examination of the merits - Compensation for damage - Application manifestly inadmissible or entirely unfounded)

5.9.98               EN                 Official Journal of the European Communities                                  C 278/37
García-Valdecasas and M. Jaeger, Judges; H. Jung,                  Instance of the European Communities on 26 May 1998
Registrar, made an order on 25 June 1998, the operative            by EugeÂnio Branco L.da, whose registered office is at
part of which is as follows:                                       Lisbon, represented by Bolota Belchior, of the Vila Nova
                                                                   de Gaia Bar, with an address for service in Luxembourg at
1. The applications are dismissed as inadmissible.                 the Chambers of Faltz & AssocieÂs, 6 rue Heine,
                                                                   Luxembourg.
2. The applicants shall bear their own costs and shall be
    jointly and severally liable to pay the costs of the
                                                                   The applicant claims that the Court should:
    Council. The Commission shall bear its own costs.
(1) OJ C 94, 22.3.1997.                                            Ð annul the decision of the Commission of the European
                                                                       Communities, dated 17 February 1998, communicated
                                                                       and notified to the applicant on 17 March 1998 by
                                                                       the Departamento para os Assuntos do Fundo Social
                                                                       Europeu (Department of European Social Fund
                                                                       Affairs, the DAFSE') by letter sent on 16 March
     ORDER OF THE COURT OF FIRST INSTANCE                              1998, to suspend payment of the ESF contribution in
                      (Fourth Chamber)                                 respect of files No 87301 P1 (PTE 43 550 366) and
                                                                       No 870302 P3 (PTE 5 809 712) granted to the
                        of 11 June 1998                                applicant by Commission Decision C(87) 860 of
in Case T-173/97, Augusto Fichtner v. Commission of the                30 April 1987,
                  European Communities (1)
(Officials Ð Late staff report Ð Promotion Ð                       Ð order the Commission to pay the costs.
Comparative examination of the merits Ð Compensation
for damage Ð Application manifestly inadmissible or
                                                                   Pleas in law and main arguments adduced in support:
                     entirely unfounded)
                         (98/C 278/82)
                                                                   Ð Breach of the principles of the protection of legitimate
               (Language of the case: Italian)                         expectations and of legal certainty:
In Case T-173/97: Augusto Fichtner, an official of the                 Although the Commission's Decision does not lay
Commission of the European Communities, residing at                    down a time limit, it should nevertheless be adopted
Besozzo (Varese, Italy), represented by Vincenzo Salvatore,            within a reasonable period.
of the Pavía Bar, against Commission of the European
Communities (Agent: Gianluigi Valsesia) Ð application
for (1) annulment of the Commission decision published                 It is clear that the period of 10 years which has
on 13 September 1996 in so far as it refused to place the              elapsed between the relevant date and the present is
applicant on the list of officials most deserving of                   excessive and far exceeds the limits dictated by
promotion under the 1996 promotions procedure and (2)                  common sense and normal expectations.
damages together with interest Ð the Court of First
Instance (Fourth Chamber), composed of P. Lindh,                       The effluxion of that period engendered and
President, K. Lenaerts and J. D. Cooke, Judges; H. Jung,               reinforced the applicant's legitimate expectation that it
Registrar, made an order on 11 June 1998, the operative                would adopt a decision approving the certificates
part of which is as follows:                                           issued by the DAFSE approving the claim for final
                                                                       payment submitted by the applicant.
1. The application is dismissed.
2. Each party is to bear its own costs.                                Since the Commission should have adopted its
                                                                       decision immediately after certification by the DAFSE
                                                                       had come to its knowledge, it is evident that the
(1) OJ C 271, 6.9.1997.
                                                                       period of 10 years (1988 to 1998) is excessive and
                                                                       exceeds the limits dictated by common sense and
                                                                       normal expectations.
                                                                       The Commission overstepped the rules of sound
Action brought on 26 May 1998 by EugeÂnio Branco L.da                  administration.
   against the Commission of the European Communities
                        (Case T-83/98)                                 If Member States are required to submit to the
                         (98/C 278/83)                                 Commission applications for payment within 10
                                                                       months from the end of programmes, failing which
             (Language of the case: Portuguese)                        they may not receive payment of the contribution
                                                                       concerned, then the Commission should issue its
An action against the Commission of the European                       decision approving that application for final payment
Communities was brought before the Court of First                      at least within as many months.