CELEX: C1998/041/44
Language: en
Date: 1998-02-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber) of 18 December 1997 in Case T-57/96: Livio Costantini v. Commission of the European Communities (Officials - Change of place of employment - Return to the place of original employment - Installation allowance - Daily subsistence allowance)

7.2.98                EN                  Official Journal of the European Communities                                     C 41/21
of First Instance (First Chamber), composed of A. Saggio,            2. The Commission is ordered to pay to the applicant the
President, V. Tiili and R. M. Moura Ramos, Judges; H.                    amount of the allowance provided for by Article 5(3)
Jung, Registrar, gave a judgment on 18 December 1997,                    of Annex VII to the Staff Regulations, together with
the operative part of which is as follows:                               interest at the rate of 8 % per annum as from the date
                                                                         of the application.
1. The decision of the Commission, communicated by
     note of 17 May 1995, denying payment to the                     3. The remainder of the application is dismissed.
     applicant of the installation allowance is annulled.
2. The Commission is ordered to pay to the applicant the             4. The Commission shall bear its own costs and one half
     amount of the allowance provided for in Article 5(3)                of the costs of the applicant. The applicant shall bear
     of Annex VII to the Staff Regulations, together with                one half of his own costs.
     interest at the rate of 8 % per annum as from the date
     of the application.                                             (1) OJ C 180, 22.6.1996.
3. The Commission shall bear its own expenses.
(1) OJ C 64, 2.3.1996.
                                                                     Action brought on 26 November 1997 by Alitalia against
                                                                            the Commission of the European Communities
                                                                                            (Case T-296/97)
                                                                                              (98/C 41/45)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                        (First Chamber)
                                                                                     (Language of the case: Italian)
                     of 18 December 1997
in Case T-57/96: Livio Costantini v. Commission of the
                   European Communities (1)                          An action against the Commission of the European
                                                                     Communities was brought before the Court of First
(Officials Ð Change of place of employment Ð Return to               Instance of the European Communities on 26 November
the place of original employment Ð Installation allowance            1997 by Alitalia, represented by Antonio Tizzano and
                Ð Daily subsistence allowance)                       Gian Michele Roberti, of the Naples Bar, Mario Siragusa,
                          (98/C 41/44)                               of the Rome Bar, Giuseppe Scassellati Sforzolini, of the
                                                                     Bologna Bar, Matteo Bay, of the Milan Bar, and Matteo
                                                                     Beretta, of the Bergamo Bar, with an address for service in
                 (Language of the case: Italian)                     Luxembourg at the Chambers of Elvinger Hoss &
                                                                     Prussen, 2 Place Winston Churchill.
In Case T-57/96: Livio Costantini, an official of the
Commission of the European Communities, posted to the                The applicant claims that the Court should:
establishment at Ispra of the Joint Research Centre,
represented by Giuseppe Marchesini, Avvocato with the
right of audience before the Court of Cassation of the               Ð annul in its entirety the Commission's decision of
Italian Republic, with an address for service in                         15 July 1997 relating to Alitalia's recapitalisation, or
Luxembourg at the Chambers of Ernest Arendt, 8Ð10
Rue Mathias Hardt, against Commission of the European
Communities (Agent: Gianluigi Valsesia) Ð application
                                                                     In the alternative:
for annulment of the decisions of the Commission refusing
to pay to the applicant an installation allowance and a
daily subsistence allowance upon the latter's return to his
original place of employment after a period of                       Ð annul the conditions for granting the aid referred to in
employment outwith his institution Ð the Court of First                  Article 1(2) to (8) of the Decision,
Instance (First Chamber), composed of A. Saggio,
President, V. Tiili and R. M. Moura Ramos, Judges; A.
Mair, Administrator, for the Registrar, gave a judgment on           Ð annul also the condition requiring Alitalia to bear the
18 December 1997, the operative part of which is as                      costs of the early retirement scheme provided for by
follows:                                                                 Decree Law No 546/1996,
1. The decision of the Commission refusing the applicant             Ð order the Commission to pay the costs incurred by
     payment of the installation allowance is annulled.                  Alitalia in the course of these proceedings.