CELEX: C2001/161/36
Language: en
Date: 2001-06-02 00:00:00
Title: Judgment of the Court of First Instance of 6 March 2001 in Case T-192/99: Roderick Dunnett and Others v European Investment Bank (General principle of labour law common to the Member States — Bona fide consultation of staff representatives — Abolition of a financial advantage)

C 161/16                EN                       Official Journal of the European Communities                                       2.6.2001
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                    of 7 February 2001
                          of 6 March 2001
                                                                            in Case T-118/99: Beatrice Bonaiti Brighina v Commission
                                                                                           of the European Communities (1)
in Case T-77/99: Girish Ojha v the Commission of the                        (Officials — Competitions — Rules on the use of languages
                    European Communities (1)                                — Admissibility — Non-admission to the oral test — Access
                                                                                                        to documents)
(Officials — VAT-free importation of personal effects —                                               (2001/C 161/35)
    Action for damages — Breach of administrative duty)
                                                                                                (Language of the case: Italian)
                          (2001/C 161/34)                                   In Case T-118/99: Beatrice Bonaiti Brighina, an official of the
                                                                            Commission posted to the Joint Research Centre at Ispra,
                                                                            represented by M. Rizzoglio and F. Colussi, Avvocati, with an
                                                                            address for service in Luxembourg, against Commission of the
                                                                            European Communities (Agent: G. Valsesia) — application for
                    (Language of the case: French)                          the annulment of the decision of the selection board in
                                                                            competition COM/B/18/96 not to admit the applicant to the
                                                                            oral tests in that competition and, if necessary, the annulment
                                                                            of the list drawn up on the basis of the written tests and of the
In Case T-77/99: Girish Ojha, an official in the Commission of
the European Communities, residing in Bierbeek (Belgium),                   final list of successful candidates in the competition —
                                                                            the Court of First Instance (First Chamber), composed of
represented by Antonietta Ottati and Marc Dallemagne, avo-
                                                                            B. Vesterdorf, President, M. Vilaras and N.J. Forwood, Judges;
cats, against Commission of the European Communities
(Agent: C. Berardis-Kayser) — application for compensation to               J. Palacio González, Administrator, gave a judgment on
                                                                            7 February 2001, in which it:
make good the material and non-material damage suffered by
the applicant as a result of being deprived of use of his
                                                                            1.    dismisses the application;
vehicle during the period running from 1 February 1996 to
31 December 1997— the Court of First Instance (First                        2.    orders each of the parties to bear its own costs.
Chamber), composed of B. Vesterdorf, President, M. Vilaras
and N.J. Forwood, Judges; D. Christensen, for the Registrar,
gave a judgment on 6 March 2001, in which it:                               (1) OJ C 226 of 7.8.99.
1.    orders the Commission to pay to the applicant the sum of
      BFR 35 000 by way of compensation for the material damage
      caused to him, together with interest at an annual rate of
      interest of 6,75 %, with effect from delivery of the judgment
      until actual payment;
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
2.    dismisses the remainder of the application;                                                     of 6 March 2001
                                                                            in Case T-192/99: Roderick Dunnett and Others v Euro-
3.    orders the Commission to bear its own costs and pay one half                              pean Investment Bank (1)
      of those of the applicant;
                                                                            (General principle of labour law common to the Member
                                                                            States — Bona fide consultation of staff representatives —
4.    orders the applicant to bear one half of its own costs.                              Abolition of a financial advantage)
                                                                                                      (2001/C 161/36)
(1) OJ C 174 of 19.6.99.
                                                                                               (Language of the case: English)
                                                                            In Case T-192/99: Roderick Dunnett, residing in Luxembourg
                                                                            (Luxembourg), Thomas Hackett, residing in Rameldange (Lux-
                                                                            embourg), Mateo Turró Calvet, residing in Rameldange,
 ---pagebreak--- 2.6.2001                 EN                     Official Journal of the European Communities                                       C 161/17
represented by A. Dashwood and W.-J. Outhwaite, Barristers,                1.    Annuls the Commission’s decision of 29 June 1999, rejecting
with an address for service in Luxembourg, against European                      the complaint of Métropole Télévision SA of 5 December
Investment Bank (Agents: J.-P. Minnaert, Z. Zachariadis, and                     1997;
A. Barav) — application for annulment of both the decision to
abolish, as of 1 January 1999, the system of special conversion            2.    Orders the Commission to pay the costs.
rates and the salary statements of the applicants in which that
decision was applied — the Court of First Instance (Third
Chamber), composed of: J. Azizi, President, K. Lenaerts and
M. Jaeger, Judges; B. Pastor, Principal Administrator, for the             (1) OJ C 333 of 20.11.99.
Registrar, has given a judgment on 6 March 2001, in which it:
1.    Annuls the applicants’ salary statements for January 1999 in
      so far as the system of special conversion rates is not applied in
      them;
2.    Declares the remainder of the application inadmissible;
3.    Orders the European Investment Bank to pay the costs.                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     of 6 March 2001
(1) OJ C 314 of 30.10.99.
                                                                           in Case T-100/00: Franco Campoli v Commission of the
                                                                                              European Communities (1)
                                                                           (Officials — Transfer/Reassignment — Statement of
                                                                              reasons — Misuse of powers — Interests of the service)
                                                                                                     (2001/C 161/38)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                               (Language of the case: French)
                          of 20 March 2001
                                                                           In Case T-100/00: Franco Campoli, an official of the Com-
in Case T-206/99: Métropole Télévision SA v Commission                     mission of the European Communities, residing at Brussels,
                of the European Communities (1)                            represented by S. Diana, Avocat, with an address for service in
                                                                           Luxembourg, against Commission of the European Communi-
                                                                           ties (Agents: G. Valsesia and D. Waelbroeck) — first, appli-
(Competition — Rejection of a complaint — Compliance                       cation for the annulment of the decision of the Commission
with a judgment of the Court of First Instance annulling an                transferring the applicant from the ‘Foodstuffs — Legislation
exemption decision of the Commission — Duty to state                       and scientific and technical aspects’ unit 1 to the ‘Food
reasons — Obligations in relation to the investigation of                  production and biotechnology’ unit 2 of Industry Directorate E
                             complaints)                                   of DG III as well as the decision to appoint another official to
                                                                           the ‘Foodstuffs — Legislation and scientific and technical
                                                                           aspects’ unit as deputy-head and, secondly, a claim for damages
                           (2001/C 161/37)                                 — the Court of First Instance (Fifth Chamber), composed of
                                                                           P. Lindh , President, R. Garcı́a-Valdecasas and J.D. Cooke,
                                                                           Judges; J. Palacio González, Administrator, gave a judgment on
                     (Language of the case: French)                        6 March 2001, in which it:
                                                                           1.    dismisses the application;
In Case T-206/99: Métropole Télévision SA, established in
Paris (France), represented by D. Théophile, Avocat, with an
address for service in Luxembourg, against Commission of the               2.    orders each of the parties to bear its own costs.
European Communities (Agents: K. Wiedner and B. Mongin)
— application for the annulment of the Commission’s decision
of 29 June 1999 rejecting the complaint lodged by Métropole                (1) OJ C 176 of 24.6.00.
Télévision on 5 December 1997 — the Court of First Instance
(Fourth Chamber), composed of V. Tiili, President, R.M. Moura
Ramos and P. Mengozzi, Judges; G. Herzig, administrator, for
the Registrar gave a judgment on 21 March 2001, in which it: