CELEX: C1998/312/26
Language: en
Date: 1998-10-10 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 21 July 1998 in Joined Cases T-66/96 and T-221/97: John Mellett v. Court of Justice of the European Communities (Officials - Admissibility - Establishment - Legitimate expectations - Equal treatment)

C 312/10             EN                  Official Journal of the European Communities                                  10.10.98
                                                   COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 21 July 1998                                                     of 16 July 1998
                                                                    in Case T-93/96 Catherine Presle v. European Centre for
in Joined Cases T-66/96 and T-221/97: John Mellett v.
                                                                             the Development of Vocational Training (1)
     Court of Justice of the European Communities (1)
                                                                    (Officials Ð Change of posting Ð Obligation to state
(Officials Ð Admissibility Ð Establishment Ð Legitimate             reasons Ð Principle of protection of legitimate
              expectations Ð Equal treatment)                                       expectations Ð Duty of care)
                        (98/C 312/26)                                                        (98/C 312/27)
                                                                                  (Language of the case: German)
               (Language of the case: English)
                                                                    In Case T-93/96 Catherine Presle, an official of the
                                                                    European Centre for the Development of Vocational
                                                                    Training, residing in Berlin, represented by Frank Montag,
In Joined Cases T-66/96 and T-221/97: John Mellett, a               of the Brussels Bar, with an address for service in
member of the temporary staff at the Court of Justice of            Luxembourg at the Chambers of Aloyse May, 31 Grand-
the European Communities, residing at 61 Rue des                    rue, against European Centre for the Development of
Maraîchers, Plateau du Kirchberg, Luxembourg,                       Vocational Training (Agent: Bertrand Wägenbaur) Ð
represented by Brendan O'Donovan, Solicitor, and Conor              application for annulment of the decision of the European
Quigley, Barrister, with an address for service in                  Centre for the Development of Vocational Training of
Luxembourg at the aforementioned address, against Court             22 May 1996 transferring the applicant to Thessalonika
of Justice of the European Communities (Agent: Timothy              (Greece) as from 1 July 1996 Ð the Court (Fifth
Millett) Ð application, in Case T-66/96, for annulment of           Chamber), composed of: J. Azizi, President, and R.
the decision of the Court of Justice of the European                García-Valdecasas and M. Jaeger, Judges; H. Jung,
Communities of 14 June 1995 and, in Case T-221/97, for              Registrar, gave a judgment on 16 July 1998, the operative
annulment of the decisions of the President of the Court            part of which is as follows:
of Justice of 17 October 1996 and 4 December 1996 not
to commence the procedure leading to the establishment
of the applicant as a permanent official Ð the Court of             1. The application is dismissed.
First Instance (Fifth Chamber), composed of: J. Azizi,
President, R. García-Valdecasas and M. Jaeger, Judges; A.           2. Each of the parties shall bear their own costs,
Mair, Administrator, for the Registrar, has given a                     including those incurred in the interim proceedings.
judgment on 21 July 1998, in which it:
                                                                    (1) OJ C 233, 10.8.1996.
1. joins Cases T-66/96 and T-221/97 for the purposes of
    the judgment;
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
2. annuls the decision of 14 June 1995 of the
    Administrative Committee of the Court of Justice, as it                                of 16 July 1998
    is apparent from point 4 of the minutes, and the                in Case T-72/97: Proderec Ð FormacËaÄo e Desinvolvi-
    decisions of the President of the Court of Justice of           mento de Recursos Humanos, ACE v. Commission of the
    17 October 1996 and 4 December 1996 not to                                        European Communities (1)
    commence the procedure which could have led to the
    establishment of the applicant as a permanent official;         (European Social Fund Ð Decision to reduce two financial
                                                                    aids Ð Action for annulment Ð Admissibility Ð
                                                                    Certification of factual and accounting accuracy Ð Lack
                                                                    of competence of the national body Ð Statement of
3. orders the Court of Justice to pay the costs in Case                           reasons Ð Rights of the defence)
    T-66/96 and in Case T-221/97.
                                                                                             (98/C 312/28)
(1) OJ C 233, 10.8.1996 and C 331, 1.11.1997.                                    (Language of the case: Portuguese)
                                                                    In Case T-72/97: Proderec FormacËaÄo e Desinvolvimento
                                                                    de Recursos Humanos, ACE, established in Almada