CELEX: C1996/108/17
Language: en
Date: 1996-04-13 00:00:00
Title: 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 (Officials - Rejection of candidatures for promotion - Flexible working hours - Applications for annulment and compensation)

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
 ---pagebreak--- 13 . 4 . 96           EN                    Official Journal of the European Communities                               No C 108/9
     candidatures for the posts declared vacant by Notice               JUDGMENT OF THE COURT OF FIRST INSTANCE
     No C] 68/92, and the defendant's decision of 27 June                                     of 7 March 1996
     1994, in so far as it rejects the part of complaint               in Case T-146/94 : Calvin Williams v. Court of Auditors of
     Cont. 12/94-R lodged against that decision;
                                                                                       the European Communities ( 1 )
4 . dismisses the remainder of the application;                        (Officials — Obligations — Acts incompatible with the
                                                                       dignity of the public service — Duty to act in good faith —
5 , orders the defendant to bear its own costs, and one                      Disciplinary proceedings — Removal from post)
     quarter of the applicant's costs, and the applicant to                                      ( 96/C 108/ 19 )
     bear three-quarters of his own costs.
                                                                                       (Language of the case: French)
(') OJ No C 304, 29 . 10 . 1994 .
                                                                       In Case T-146/94 : Calvin Williams, a former official of the
                                                                       Court of Auditors of the European Communities, residing at
                                                                       Luxembourg, represented by Eric Boigelot, of the Brussels
                                                                       Bar, with an address for service in Luxembourg at the
                                                                       Chambers of Jean-Paul Noesen, 18 Rue des Glacis, v. Court
 JUDGMENT OF THE COURT OF FIRST INSTANCE                               of Auditors of the European Communities ( Agents :
                        of 6 March 1996                                Jean-Marie Stenier, Jan Inghelram and Paolo Giusta ) —
in Case T-93 /94 : Michael Becker v . Court of Auditors of the         application for the annulment, first, of the decision of the
                  European Communities ( 1 )                           Court of Auditors of 24 June 1993 removing the applicant
                                                                       from his post without reduction or withdrawal of his
(Officials — Classification in step — Seniority — Equal                entitlement to a retirement pension, second, of the decision
treatment — Duty to have regard to the interests of                    of 24 January 1994 expressly rejecting his complaint and,
                               officials)                              third, in so far as may be necessary, of the decision of
                           ( 96/C 108/ 18 )                            23 January 1994 impliedly rejecting that complaint — the
                                                                       Court of First Instance ( Fifth Chamber ), composed of
                                                                       R. Schintgen, President, and R. Garci'a-Valdecasas and
               (Language of the case: German)
                                                                       J. Azizi , Judges; J. Palacio Gonzalez, Administrator, for
                                                                       the Registrar, has given a judgment on 7 March 1996 , in
In Case T-93/94 : Michael Becker, an official at the Court             which it :
of Auditors of the European Communities, residing
in Luxembourg, represented by Roy Nathan, of the                       1 , dismisses the action;
Luxembourg Bar, with an address for service in
Luxembourg at the latter's Chambers, 18 Rue des Glacis, v-.
Court of Auditors of the European Communities ( Agents :               2 , orders the parties to bear their own costs.
Jean-Marie Stenier and Jan Inghelram ) — application for
the annulment of the decision of the Court of Auditors of
                                                                       (') OJ No C 146 , 28 . 5 . 1994 .
2 December 1993 rejecting the applicant's complaint
concerning his classification in step — the Court of First
Instance ( First Chamber ), composed of: A. Saggio,
President, V. Tiili and R. M. Moura-Ramos, Judges;
B. Pastor, Principal Administrator, for the Registrar, has
given a judgment on 6 March 1996 , in which it:
                                                                        JUDGMENT OF THE COURT OF FIRST INSTANCE
 1 , annuls the refusal of the Court of Auditors to reclassify                                of 7 March 1996
     the applicant in step, pursuant to Council Regulation
     (EEC, Euratom, ECSC) No 3947/92 of 21 December                    in Case T-362/94: Jan Robert De Rijk v. Commission of the
     1 992 amending the Staff Regulations of Officials and                               European Communities ( ] )
     the Conditions of Employment of Other Servants of the              (Officials — Supplementary sickness insurance scheme for
     European Communities, with effect from 1 January                   officials posted outside the Communities — Procedure for
     1993 , as he had requested by letter of 5 February 1993,                       reimbursement of medical expenses)
     together with the Court of Auditors ' decision of                                            ( 96/C 108/20 )
     2 December 1993 rejecting the applicant's complaint
     against that refusal;
                                                                                       (Language of the case: French)
 2 , orders the Court ofAuditors to bear its own costs and to
     pay the costs incurred by the applicant.                           In Case T-362/94 : Jan Robert De Rijk, an official of the
                                                                        European Communities, residing at Helsinki , represented
                                                                        by Nicolas Lhoëst, of the Brussels Bar, with an address for
 0 ) OJ No C 120 , 30 . 4 . 1994 .
                                                                        service in Luxembourg at the offices of Fiduciaire Myson
                                                                        SARL, 1 Rue Glesener, v . Commission of the European
                                                                        Communities ( Agents : Gianluigi Valsesia and Julian