CELEX: C1998/094/57
Language: en
Date: 1998-03-28 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber) of 13 January 1998 in Case T-176/96: Cornelis Volger v. European Parliament (Officials - Action for annulment - Admissibility - Decision to assign to non-active status - Article 41 of the Staff Regulations - Duty to have regard to officials' interests)

C 94/22               EN                  Official Journal of the European Communities                                    28.3.98
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            Demaseure and Ariane Tornel, of the Brussels Bar, with an
                       (Fourth Chamber)                              address for service in Luxembourg at Fiduciaire Myson
                                                                     SARL, 30 Rue de Cessange, against European Parliament
                      of 29 January 1998                             (Agents: Manfred Peters and Evelyn Waldherr) Ð
in Case T-157/96: Paolo Salvatore Affatato v. Commission             application for annulment, first, of the decision of the
               of the European Communities (1)                       Parliament of 1 December 1995 assigning the applicant to
(Officials Ð General competitions Ð Non-registration on              non-active status with effect from of 30 November 1995
the list of successful candidates Ð Letter correcting a              and all subsequent decisions relating thereto and, secondly,
letter initially sent to the candidate Ð Legal relationship          the decision of the Parliament of 3 September 1996 to
between the institution and a candidate in a competition             change the date when the decision of 1 December 1995
Ð Obligation to provide a statement of reasons Ð                     was to take effect to 31 January 1996, the Court of First
Damages for material and non-material damage Ð                       Instance (First Chamber), composed of A. Saggio,
                         Permissibility)                             President, B. Vesterdorf and R. M. Moura Ramos, Judges;
                                                                     H. Jung, Registrar, gave a judgment on 13 January 1998,
                          (98/C 94/56)                               the operative part of which is as follows:
                 (Language of the case: Italian)
                                                                     1. The application is dismissed.
In Case T-157/96: Paolo Salvatore Affatato, residing at
Foggia (Italy), represented initially by Nicola De Perna, of
the Foggia Bar, and subsequently by Alberto Tedeschi, of             2. The parties shall each bear their own costs.
the Bari Bar, and Cino Fiori, of the Foggia Bar, with an
address for service at 13 Via Saseo, Foggia, against the             (1) OJ C 388, 21.12.1996.
Commission of the European Communities (Agent:
Gianluigi Valsesia) Ð application for, first, a finding that
the letter whereby the chairman of the selection board for
competition COM/B/794 informed the applicant that he
was registered on the list of successful candidates in the
aforementioned competition is valid and, in the
alternative, for the annulment of the illegal stages of that           JUDGMENT OF THE COURT OF FIRST INSTANCE
competition and, secondly, a claim for damages to                                         of 17 February 1998
compensate him for material and non-material damage
suffered Ð the Court of First Instance (Fourth Chamber),             in Case T-183/96: E v. Economic and Social Committee of
composed of K. Lenaerts, President, P. Lindh and J. D.                               the European Communities (1)
Cooke, Judges; A. Mair, Administrator, for the Registrar,            (Officials Ð Freedom of expression in relation to
gave a judgment on 29 January 1998, in which it:                     hierarchical superiors Ð Duty of loyalty and obligation to
                                                                     uphold the dignity of the service Ð Disciplinary measure
1. dismissed the claims in the application;
                                                                         Ð Relegation in step Ð Principle of proportionality)
2. ordered the Commission to pay to the applicant BEF                                         (98/C 94/58)
     30 000 by way of compensation for non-material
     damage;
                                                                                    (Language of the case: Spanish)
3. ordered the Commission to pay the costs.
                                                                     In Case T-183/96: E, a former official of the Economic
(1) OJ C 40, 8.2.1997.
                                                                     and Social Committee of the European Communities,
                                                                     residing in Brussels, represented initially by Guy San
                                                                     BartolomeÂ Sarrey, of the Brussels Bar, and subsequently by
                                                                     Miguel Troncoso-Ferrer, of the Brussels Bar, and Pierre
                                                                     Demolin, of the Mons Bar, with an address for service in
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            Luxembourg at the Chambers of Charles Kaufhold, 7
                                                                     Côte d'Eich, v. Economic and Social Committee of the
                        (First Chamber)
                                                                     European Communities (Agents: Moises Bermejo Garde
                      of 13 January 1998                             and Alberto Dal Ferro) Ð application for annulment of
       in Case T-176/96: Cornelis Volger v. European                 the decision of the Secretary-General of the Economic and
                         Parliament (1)                              Social Committee imposing on the applicant the
                                                                     disciplinary measure of relegation in step Ð the Court of
(Officials Ð Action for annulment Ð Admissibility Ð                  First Instance (Third Chamber), composed of: V. Tiili,
Decision to assign to non-active status Ð Article 41 of the          President, and C. P. BrieÈt and A. Potocki, Judges; B.
Staff Regulations Ð Duty to have regard to officials'                Pastor, Principal Administrator, for the Registrar, has given
                            interests)                               a judgment on 17 February 1998, in which it:
                          (98/C 94/57)
                (Language of the case: French)                       1. annuls the decision of the Economic and Social
                                                                         Committee of 18 January 1996 imposing on the
In Case T-176/96: Cornelis Volger, resident at Heffingen                 applicant the disciplinary measure of relegation in
(Luxembourg), represented by Jean-NoeÈl Louis, Thierry                   step;