CELEX: C1996/016/25
Language: en
Date: 1996-01-20 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 23 November 1995 in Case T-64/94: Dimitrios Benecos v. Commission of the European Communities (Officials - Occupational disease - Partial permanent invalidity - Principle of sound management and good administration - Duty to provide assistance - Misuse of powers - Action for compensation)

20 . 1 . 96               EN                  Official Journal of the European Communities                                   No C 16/ 11
Reference for a preliminary ruling from the Pretura                             accrued before dismissal where a different benefit
circondariale di Venezia by order of that court of                              ( namely the mobility allowance provided for by
3 November 1995 in the cases of Federica Maso and Others                        Articles 4 and 16 of Italian Law No 223 of 23 July 1991 )
and Graziano Gazzetta and Others v. Istituto nazionale                          covers the needs of workers remaining employed during
                 délia previdenza sociale (INPS )                               the months following dismissal ?
                           ( Case C-3 73/95 )
                                                                         4 . Must the expression 'the last three months of the
                              ( 96/C 16/23 )
                                                                                contract of employment' in Article 4 ( 2 ) be interpreted
                                                                                as the 'last three calendar months ' or 'three months
Reference has been made to the Court of Justice of the
European Communities by order of the Pretura                                    preceding the termination of the employment
circondariale di Venezia ( District Magistrates' Court,                         relationship, even if this occurred on a date occurring
Venice ) of 3 November 1995 , received at the Court Registry                    some time during the month'.
on 29 November 1995 , for a preliminary ruling in the cases
of Federica Maso and Others and Graziano Gazzetta and                    ( J ) Joined Cases C-6/90 and C-9/90 Francovich and Others v .
                                                                               Italian State ( 1991 ) ECR 1-5357.
Others v. Istituto Nazionale délia Previdenza Sociale ( INPS
                                                                         (2 ) OJ No L 283 , 20 . 10 . 1980, p . 23 .
— National Social Welfare Institution ) on the following
questions:
1 . can the system of the EC Treaty, as described in the
     judgment in Francovich and Others v. Italian State f 1 ),
     concerning the liability to individuals of a Member State           Reference for a preliminary ruling from the Tribunale di
     which has breached Community obligations be                         Genova, Sezione prima civile, by order of that court of
     interpreted as being compatible with a domestic rule                16 November 1995 in the case of Cesare Regnoli & Figlio
     ( Article 2 ( 7 ) in conjunction with Article 2 (4 ) of Italian             SRL v . Amministrazione delle Finanze dello Stato
     Legislative Decree No 80 of 27 January 1992 ), which                                             Case C-3 76/95 )
     reduces ex post facto the amount of the compensation
     for damage which has already occurred ?                                                           ( 96/C 16/24 )
2 . Does the expression 'onset of insolvency' in the first               Reference has been made to the Court of Justice of the
     indent of Article 3 (2 ) and the first indent of Article 4 (2 )     European Communities by order of the Tribunale di
     of Directive 80/987 ( 2 ) correspond to the date on which           Genova, Sezione prima civile ( District Court, Genoa, First
     the request was made for insolvency proceedings to be               Civil Section ) of 16 November 1995 , received at the Court
     opened or to the date on which such proceedings opened              Registry on 4 December 1995 , for a preliminary ruling in the
     ( both of which are mentioned in Article 2 )?                       case of Cesare Regnoli & Figlio SRL v. Amministrazione
                                                                         delle Finanze dello Stato on questions identical to those in
3 . Can Article 4 ( 3 ) and Article 10 of the Directive be               Joined Cases C-47/95 and others ( M.
     interpreted as meaning that the Member State may
     preclude the payment of employment claims which                      (!) See OJ No C 119 , 13 . 5 . 1995 , p . 5 .
                                                        COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                  Brussels, represented by Georges Vandersanden, of the
                        of 23 November 1995                               Brussels Bar, with an address for service in Luxembourg at
                                                                          the offices of Fiduciaire Myson SARL, 1 rue Glesener, v.
in Case T-64/94 : Dimitrios Benecos v. Commission of the
                                                                          Commission of the European Communities ( Agents :
                      European Communities (')                            Gianluigi Valsesia and Denis Waelbroeck and, in the oral
 (Officials — Occupational disease — Partial permanent                    proceedings, Alexandre Vandencasteele ) — application for
invalidity — Principle of sound management and good                       the annulment of the decision of the Commission of
 administration — Duty to provide assistance — Misuse of                   15 March 1993 rejecting the application for recognition of
              powers — Action for compensation)                           an occupational disease suffered by the applicant and for an
                               ( 96/C 16/25 )                             award of damages by way of compensation for the material
                                                                          and non-material damage allegedly suffered by him — the
                                                                          Court of First Instance ( Fourth Chamber ), composed of: K.
                  (Language of the case: French)                          Lenaerts, President, and R. García-Valdecasas and P. Lindh,
                                                                          Judges; H. Jung, Registrar, gave a judgment on
                                                                          23 November 1 995 , in which it:
 In Case T-64/94 : Dimitrios Benecos, an official of the
 Commission of the European Communities, residing in                       1 , dismisses the action;
 ---pagebreak--- No C 16/ 12            EN               Official Journal of the European Communities                                        20 . 1 . 96
2 , orders the parties to bear their own costs.                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        of 7 December 1995
f 1 ) OJ No C 90, 26 . 3 . 1994 .                                  in Joined Cases T-544/93 and T-566/93 : Giovanni Battista
                                                                   Abello and Others and Gerhard Riesch v. Commission of
                                                                                   the European Communities f 1 )
                                                                   (Officials — Pay slips — Weightings — Council Regulations
                                                                   (EEC/Euratom/ECSC) No 3761/92, (EEC/Euratom/ECSC)
                                                                   No 3765/92 and (EEC/Euratom/ECSC) No 3766/92 —
                                                                                        Objection of illegality)
                                                                                              ( 96/C 16/27)
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                   (Language of the case: Italian)
                    of 30 November 1995
in Case T-507/93 : Paulo Branco v. Court of Auditors of the        In Joined Cases T-544/93 and T-566/93 : Giovanni Battista
                  European Communities (*)                         Abello and the other officials and servants of the
(Officials — List of officials eligible for promotion —            Commission of the European Communities listed in the
 Transfer to another institution — Act adversely affecting an      Annex to the judgment, and Gerhard Riesch, an official of
official — Legal interest in bringing proceedings — Claim          the Commission of the European Communities, represented
                 for damages — Inadmissible)                       by Michele Tamburini and Franco Colussi, of the Milan Bar,
                            96/C 16/26
                                                                   with an address for service in Luxembourg at 36 rue de
                                                                   Wiltz, v. Commission of the European Communities
                                                                   ( Agent: Gianluigi Valsesia ), supported by the Council of the
                                                                   European Union ( Agent: Anna Lo Monaco ) — application,
             (Language of the case: Portuguese)                    first, for the annulment of the applicants' pay slips for
                                                                   December 1992 and January 1993 , inasmuch as they were
                                                                   drawn up in accordance with the weightings resulting
In Case T-507/93 : Paulo Branco, an official of the                from the application of Council Regulations
Commission of the European Communities, formerly an                ( EEC/Euratom/ECSC ) No 3761 /92, ( EEC/Euratom/ECSC )
official of the Court of Auditors of the European                  No 3765/92 and ( EEC/Euratom/ECSC ) No 3766/92 ( OJ No
Communities, residing in Brussels, represented initially by        L 383 , pp . 1 , 9 and 11 ), and, by way of objection, a
Dieter Grozinger de Rosnay and David M. Travessa                   declaration that the Regulations in question are illegal, and,
Mendes, and subsequently by Raoul Wagener and David M.             second, for compensation for the damage allegedly suffered
Travessa Mendes, of the Luxembourg Bar, with an address            by the applicants as a result of the application of the
for service in Luxembourg at the latter's Chambers, 6-12           contested weightings — the Court of First Instance ( Fourth
Place d'Armes, v. Court of Auditors of the European                Chamber), composed of: K. Lenaerts, President, and R.
Communities (Agents : initially Jean-Marie Steiner and Jan         Schintgen and R. Garria-Valdecasas, Judges; H. Jung,
Inghelram and subsequently Jan Inghelram and Isabel Jalles )       Registrar, gave a judgment on 7 December 1995 , in
— application, first, for the annulment of the promotion           which it :
procedure of the Court of Auditors for 1993 , inasmuch as
the applicant was excluded therefrom, and, second, for
compensation for the non-material damage allegedly                 1 , dismisses the application;
suffered by the applicant as a result of breaches of duty
allegedly committed by the administration of the defendant         2 , orders the parties to bear their own costs.
institution in the context of the promotion procedures for
1992 and 1993 — the Court of First Instance ( First                (!) OJ No C 325 , 9 . 12 . 1993 and OJ No C 1 , 4 . 1 . 1994 .
Chamber ), composed of: H. Kirschner, acting for the
President, and A. Kalogeropoulos and V. Tiili, Judges;
J. Palacio Gonzalez, Registrar, gave a judgment on
30 November 1 995 , in which it:
                                                                       ORDER OF THE COURT OF FIRST INSTANCE
1 , dismisses the application as inadmissible;                                         of 10 November 1995
                                                                   in Case T-554/93 : A. T. E. Saint, C. Murray and M. Craig v.
                                                                   Council of the European Union and Commission of the
2 , orders the parties to bear their own costs, including the                         European Communities ( x )
      costs relating to the proceedings for interim
      measures .
                                                                                     (Removal from the register)
                                                                                              ( 96/C 16/28 )
(!) OJ No C 282 , 20 . 10 . 1993 .                                                (Language of the case: English)
                                                                   In Case T-554/93 : A. T. E. Saint, C. Murray and M. Craig
                                                                   (United Kingdom and Ireland ), represented by E. H.