CELEX: C1996/108/15
Language: en
Date: 1996-04-13 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 28 February 1996 in Case T-294/94: Konstantinos Dimitriadis v. Court of Auditors of the European Communities (Officials - Duty to provide assistance - Article 24 of the Staff Regulations of Officials)

13 . 4 . 96           EN                     Official Journal of the European Communities                                  No C 108/7
Action brought on 26 February 1996 by the Kingdom                       Pleas in law and main arguments adduced in support:
of Belgium against the Commission of the European
                           Communities                                  The pleas in law and main arguments are the same as those
                        ( Case C-58/96                                  in Case C-407/95 ( 2 ).
                          ( 96/C 108/ 12 )
                                                                        (') OJ 1996 L 20 , p. 17.
                                                                        ( 2 ) OJ 1996 C 46 , p. 11 .
An action against the Commission of the European
Communities was brought before the Court of Justice of the
European Communities on 26 February 1996 by the
Kingdom of Belgium, represented by J. Devadder, Director
of Administration in the Ministry of Foreign Affairs ,
Foreign Trade and Development Aid , with an address for                         Removal from the register of Case C-390/93 ( )
service in Luxembourg at the Belgian Embassy, 4 Rue des
Girondins .                                                                                        ( 96/C 108/ 13 )
The applicant claims that the Court should annul                        By order of 17 January 1996 the President of the Court of
Commission Regulation ( EC ) No 127/96 of 25 January                    Justice of the European Communities ordered the removal
1996 on the exceptional allocation of a quantity additional             from the register of Case C-390/93 : Commission of the
to the tariff quota for imports of bananas during the first             European Communities v . Kingdom of Spain .
quarter of 1996 as a result of tropical storms Iris, Luis and
Marilyn ( ] ) and order the Commission to pay the costs .               (') OJ No C 261 , 25 . 9 . 1993 .
                                                       COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                 2 , orders each party to bear its own costs, including the
                     of 27 February 1996                                       costs relating to the application for interim measures.
      in Case T-235/94 : Roberto Galtieri v. European
                            Parliament ( 1 )                             (') OJ No 202 , 23 . 7 . 1994 .
 (Officials — Household allowance — Recovery of undue
payment — Misuse ofpowers — Legitimate expectations —
                              Damages)
                           ( 96/C 108/14 )
                                                                          JUDGMENT OF THE COURT OF FIRST INSTANCE
                (Language of the case: French)
                                                                                               of 28 February 1996
                                                                                   in Case T-294/94 : Konstantinos Dimitriadis
                                                                             v. Court of Auditors of the European Communities (')
 In Case T-235/94, Roberto Galtieri, temporary agent of the
 European Parliament, residing in Brussels, represented by                (Officials — Duty to provide assistance — Article 24 of the
 Harold Wouters, of the Brussels Bar, with an address for                                  Staff Regulations of Officials)
 service in Luxembourg at the Chambers of Bertrand                                                   ( 96/C 108 / 15 )
 Assoignons, 8 Rue des Girondins, v . European Parliament
 ( Agents : Manfred Peter and Kieran Bradley ) — application
 for, first, the annulment of the decision of the European                                 (Language of the case: Greek)
 Parliament, notified by letter of 19 January 1994, to recover
 sums unduly paid to the applicant by way of household                    In Case T-294/94, Konstantinos Dimitriadis, a former
 allowance , secondly, an order that the Parliament reimburse             official of the Court of Auditors of the European
 the sums deducted from his monthly salary and, thirdly, an               Communities, residing in Luxembourg, represented by
 order that the Parliament pay damages and default interest,              Markos Papazissis, of the Thessaloniki Bar, with an address
 the Court of First Instance ( First Chamber ), composed of               for service at the applicant's address, 4a Boulevard
  A. Saggio, President, and V. Tiili and R. M. Moura-Ramos,                Grande-Duchesse Charlotte, v . Court of Auditors of the
 Judges; B. Pastor, Administrator, for the Registrar, has given            European Communities ( Agents : Jean-Marie Steiner,
  a judgment on 27 February in which it:                                   Christos Komninos and Paolo Giusta ) — application for,
                                                                           first, the annulment of Decisions Nos 8543 and 8912 of the
                                                                           Court of Auditors of 8 March and 1 July 1994, rejecting
  1 , dismisses the application;                                           respectively his request for assistance under the first
 ---pagebreak--- No C 108/8             EN                  Official Journal of the European Communities                                       13 . 4 . 96
paragraph of Article 24 of the Staff Regulations of Officials          3 , dismisses the application as inadmissible in so far as it
of the European Communities and his complaint, and                         seeks, first, annulment of the memorandum of 30 May
secondly, an order that the Court of Auditors should make                   1991 of the Head of the Portuguese Translation
good the damage which the applicant considers he has                       Division and the memorandum of 31 May 1991 from
suffered as a result first of the disputed decisions and                   the Director of Translation and, secondly,
secondly of the insulting language allegedly used towards                  compensation for the damage allegedly caused by those
him by his immediate superior, the Court of First Instance                 documents;
 ( Third Chamber ), composed of C. P. Briët, President, and
B. Vesterdorf and A. Potocki , Judges ; J. Palacio Gonzalez,          4 . annuls the defendant's decision of 1 6 July 1 993, in so far
Administrator, for the Registrar, has given a judgment on                  as it states that there is no need to give a decision on the
28 February 1 996 in which it :                                            part of complaint Cont. 1 1 /93 -R regarding the
                                                                           applicant's staff report for the period 1991 to 1992 ;
 1 , dismisses the application as inadmissible, in so far as it
     relates to the claim for compensation under the second           5 , dismisses the remainder of the application;
     paragraph of Article 24 of the Staff Regulations;
                                                                      6 . orders the parties to bear their own costs .
2 , dismisses the       remainder     of the application as
     unfounded;                                                       (') OJ No 319 , 26 . 11 . 1993 .
3 , orders the applicant to pay all the costs.
(') OJ No C 316 , 12 . 11 . 1994 .
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                            of 29 February 1996
                                                                                    in Case T-280/94 : Orlando Lopes v.
                                                                           Court of Justice of the European Communities ( ] )
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                      (Officials — Rejection of candidatures for promotion —
                     of 29 February 1996                             Flexible working hours — Applications for annulment and
in Case T-547/93 : Orlando Lopes v. Court of Justice of                                         compensation)
                the European Communities ( 1 )                                                  ( 96/C 108 / 17 )
(Officials — Staff reports — Rejection of candidatures
for promotion — Applications for annulment and                                         (Language of tbe case: French)
                         compensation)
                          ( 96/C 108/ 16 )                           In Case T-280/94 , Orlando Lopes, an official of the Court
                                                                     of Justice of the European Communities, residing in
                (Language of the case: French)                        Luxembourg, represented by Marc Kleyr, of the
                                                                     Luxembourg Bar, with an address for service in
                                                                     Luxembourg at the latter's Chambers, 17 Rue Louvigny , v .
In Case T-547/93 , Orlando Lopes, an official of the Court
                                                                      Court of Justice of the European Communities ( Agent:
of Justice of the European Communities, residing in
                                                                     Timothy Millett ) — application for annulment of two
Luxembourg, represented initially by Marco Fritsch, and
                                                                     decisions rejecting the applicant's candidatures for
then by Marc Kleyr, both of the Luxembourg Bar, with an
                                                                     promotion and a decision refusing him permission to work
address for service in Luxembourg at the latter's Chambers,
                                                                      flexible hours, and also for compensation for the material
17 Rue Louvigny, v. Court of Justice of the European                 and non-material damage which he considers he has
Communities ( Agent: Timothy Millett ) — application for
                                                                      suffered as a result of the actions of his immediate superiors
annulment of two memoranda concerning the quality of the
                                                                     and the disputed decisions, the Court of First Instance
applicant's work , his staff report for the period 1991 to            ( Third Chamber ), composed of C. P. Briët, acting as
1992 and two decisions rejecting his candidature for
                                                                     President, and C. W. Bellamy and J. Azizi , Judges; H. Jung:
promotion , and for compensation for the material and
                                                                      Registrar, has given a judgment on 29 February 1996 in
non-material damage which he considers he has suffered as a          which it :
result of the actions of his immediate superiors and of the
disputed decisions, the Court of First Instance (Third
Chamber ), composed of C. P. Briët, acting as President,              1 , excludes the document annexed to the defendant's reply
and C. W. Bellamy and J. Azizi , Judges; H. Jung, Registrar,               to the questions asked by the Court from the documents
has given a judgment on 29 February 1996 , in which it:                    before the Court;
                                                                      2 , rejects the defendant's request of 19 January 199S to
1 , excludes Annex I to the reply from the documents                       have a document annexed to the reply in Case T-280/94
     before the Court;                                                     and certain passages relating thereto removed from the
                                                                           documents before the Court;
2 , rejects the application made to the Court on 13 October
     1 994, and excludes the document annexed thereto from            3 , annuls the defendant's decision, communicated to
     the file;                                                             the applicant on 11 February 1994, rejecting his