CELEX: C1999/246/48
Language: en
Date: 1999-08-28 00:00:00
Title: Judgment of the Court of First Instance of 8 July 1999 in Case T-36/96: Giuliana Gaspar v European Parliament (Officials - Appeal - Reference back to the Court of First Instance - Sick leave - Medical certificate - Annual medical check-up - Conclusions conflicting with the medical certificate)

C 246/24                EN                        Official Journal of the European Communities                                      28.8.1999
2. The parties shall bear their own costs, including those relating to           JUDGMENT OF THE COURT OF FIRST INSTANCE
      the proceedings on the application for interim measures.
                                                                                                       of 6 July 1999
( 1) OJ C 351 of 30.12.1995.
                                                                             in Joined Cases T-112/96 and T-115/96: Jean-Claude Séché
                                                                                    v Commission of the European Communities (1)
                                                                             (Officials — Refusal of promotion — Comparative examin-
                                                                             ation of the merits — Statement of reasons — Token
                                                                             appointment — Equal treatment principle — Discrimination
                                                                             on the grounds of age, sex and nationality — Duty to have
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                 due regard to the welfare of officials — Correspondence
                                                                             between grade and duties — Article 27, third paragraph, of
                            of 8 July 1999                                   the Staff Regulations — Misuse of powers and procedure —
                                                                             Principles of the protection of legitimate expectations and of
                                                                             good faith — Right to a temporary posting — Decision on
in Case T-36/96: Giuliana Gaspar v European Parliament (1)                   the grant of a temporary posting — Discretion of the
                                                                             administration — Right to the differential allowance —
                                                                             Fault on the part of the administration — Non-material
(Officials — Appeal — Reference back to the Court of First                   damage — Dismissal of applications for preparatory inquir-
Instance — Sick leave — Medical certificate — Annual                                                         ies)
medical check-up — Conclusions conflicting with the medical
                              certificate)
                                                                                                      (1999/C 246/49)
                           (1999/C 246/48)
                     (Language of the case: French)
                                                                                                 (Language of the case: French)
In Case T-36/96: Giuliana Gaspari, an official of the European
Parliament, residing at Sandweiler (Luxembourg), represented
by Lucette Defalque, of the Brussels Bar, with an address for                In Joined Cases T-112/96 and T-115/96: Jean-Claude Séché, a
service in Luxembourg at the offices of Fiduciaire Myson SARL,               former official of the Commission of the European Communi-
30 Rue de Cessange, v European Parliament (Agents: Manfred                   ties, residing in Brussels, represented by Eric Boigelot, of the
Peter and Antonio Caiola) — application for annulment of the                 Brussels Bar, with an address for service in Luxembourg at the
decision of 22 May 1995 by which the Parliament treated the                  Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim,
applicant’s absence on 5 May 1995 as irregular and deducted                  supported by Union Syndicale (European Public Service Union)
one day from her annual leave entitlement pursuant to Article                — Brussels, represented initially by Véronique Lebrun and
60 of the Staff Regulations of officials of the European                     subsequently by Pierre Monville, both of the Brussels Bar,
Communities, and for annulment, in so far as may be                          against the Commission of the European Communities
necessary, of the confirmatory decision of 9 August 1995 —                   (Agents: Gianluigi Valsesia, Julian Currall and Denis Wael-
the Court of First Instance (Third Chamber), composed of: M.                 broeck) — application, in Case T-112/96, for the annulment
Jaeger, President, and K. Lenaerts and J. Azizi, Judges; B. Pastor,          of two decisions adopted by the Commission on 22 May 1996
Principal Administrator, for the Registrar, has given a judgment             in a procedure for filling an A 2 post in the Legal Service
on 8 July 1999, in which it:                                                 declared vacant by Notice COM/20/96, respectively appointing
                                                                             Mrs D as Principal Legal Adviser at Grade A 2 and rejecting the
                                                                             applicant’s candidature for that post; and, in Case T-115/96, for
1. Dismisses the action;                                                     the annulment of the Commission’s decision of 1 December
                                                                             1995 rejecting the applicant’s request for, effectively, reclassifi-
                                                                             cation of his post at Grade A 2 as from 1 June 1991 and, in
2. Orders the parties to bear all their own costs in respect of the          the alternative, the benefit of the temporary postings system
      proceedings before the Court of First Instance and the Court of        — the Court of First Instance (Fifth Chamber), composed of
      Justice.                                                               J.D. Cooke, President of the Chamber, R. Garcı́a-Valdecasas,
                                                                             and P. Lindh, Judges; A. Mair, Administrator, for the Registrar,
                                                                             gave a judgment on 6 July 1999, the operative part of which
                                                                             is as follows:
(1) OJ C 145 of 18.5.1996.
                                                                             1. There is no need to adjudicate on the application, made in the
                                                                                  action in Case T-112/96, for the annulment of the decision to
                                                                                  appoint Mrs D to the contested post;