CELEX: C1999/333/56
Language: en
Date: 1999-11-20 00:00:00
Title: Judgment of the Court of First Instance of 29 September 1999 in Case T-68/97: Martin Neumann and Irmgard Neumann-Schölles v Commission of the European Communities (Officials - Orphan's pension)

20.11.1999             EN                      Official Journal of the European Communities                                      C 333/23
                                                         COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               service in Luxembourg at the Chambers of Ernest Arendt,
                                                                          8-10 Rue Mathias Hardt, v Commission of the European
                      of 28 September 1999                                Communities (Agents: Julian Currall, Christine Berardis-Kayser
                                                                          and Bertrand Wägenbaur) — application for an order requiring
in Case T-48/97: Erik Dan Frederiksen v European Parlia-                  the Commission to pay to Mr Neumann an orphan’s pension
                             ment (1)                                     — the Court of First Instance (Second Chamber), composed
                                                                          of: A. Potocki, President, and C.W. Bellamy and M. Vilaras,
(Officials — Promotion — Judgments ordering annulment                     Judges; A. Mair, Administrator, for the Registrar, has given a
— Enforcement measures — Article 176 of the EC Treaty                     judgment on 29 September 1999, in which it:
(now Article 233 EC) — Misuse of powers — Material and
            non-material damage — Compensation)                           1. Annuls the decisions of 20 March 1996 and 29 November
                                                                               1996 by which the Commission refused to grant an orphan’s
                         (1999/C 333/55)                                       pension to Mr Martin Neumann;
                    (Language of the case: French)                        2. Orders the Commission to pay the costs.
In Case T-48/97: Erik Dan Frederiksen, a former official of
the European Parliament, residing at Howald (Luxembourg),                 (1) OJ C 166 of 31.5.1997.
represented by Georges Vandersanden, of the Brussels Bar,
with an address for service in Luxembourg at the offices of
Fiduciaire Myson SARL, 30 Rue de Cessange, v European
Parliament (Agents: Manfred Peter, Joao Sant’Anna and Denis
Waelbroeck) — application for compensation for the material
and non-material damage which the applicant claims to have
suffered as a result of the attitude adopted by the European
Parliament in the course of filling the post of linguistic adviser
(grade LA 3) in the Danish Translation Division following the                 JUDGMENT OF THE COURT OF FIRST INSTANCE
publication of Vacancy Notice No 5809 — the Court of First
Instance (Fifth Chamber), composed of: J.D. Cooke, President,
                                                                                               of 28 September 1999
and R. Garcı́a-Valdecasas and P. Lindh, Judges; H. Jung, Regis-
trar, has given a judgment on 28 September 1999, in which it:
                                                                          in Case T-140/97: Michel Hautem v European Investment
1. Orders the Parliament to pay to the applicant damages in the                                        Bank (1)
     sum of BEF 3 000 000 by way of compensation for the
     non-material damage suffered by him;
                                                                          (Officials — Removal from post — Articles 1, 4, 5 and 40
2. Dismisses the remainder of the action;                                 of the Staff Regulations of the European Investment Bank
                                                                          — Manifest error of assessment of the facts — Counterclaim
3. Orders the Parliament to pay the costs.                                    — Rejection of an application for measures of inquiry)
(1) OJ C 142 of 10.5.1997.
                                                                                                  (1999/C 333/57)
                                                                                             (Language of the case: French)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                          In Case T-140/97: Michel Hautem, a servant of the European
                                                                          Investment Bank, residing at Schouweiler (Luxembourg), rep-
                      of 29 September 1999
                                                                          resented initially by Pascale Delvaux de Fenffe and Pierre-Paul
                                                                          Van Gehuchten, of the Brussels Bar, and subsequently by
in Case T-68/97: Martin Neumann and Irmgard Neumann-
                                                                          Michel Karp, of the Luxembourg Bar, with an address for
 Schölles v Commission of the European Communities (1)
                                                                          service in Luxembourg at his Chambers, 84 Grand-Rue, v
                                                                          European Investment Bank (Agents: Giannangelo Marchegiani
                (Officials — Orphan’s pension)
                                                                          and Georges Vandersanden) — application, first, for annul-
                                                                          ment of the decision of the European Investment Bank of
                         (1999/C 333/56)
                                                                          31 January 1997, by which the applicant was removed
                                                                          from his post without loss of his severance grant, and for
                   (Language of the case: German)                         reinstatement of the applicant, and, second, for an order
                                                                          requiring the Bank to compensate the applicant — the Court
In Case T-68197: Martin Neumann and Irmgard Neumann-                      of First Instance (Fifth Chamber), composed of: J.D. Cooke,
Schölles, an official of the Commission of the European                   President, and R. Garcı́a-Valdecasas and P. Lindh, Judges;
Communities, residing in Karlsruhe (Germany), represented by              J. Palacio González, Administrator, for the Registrar, has given
Hans-Josef Rüber, Rechtsanwalt, Cologne, with an address for              a judgment on 28 September 1999, in which it: