CELEX: C1995/054/30
Language: en
Date: 1995-03-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 26 January 1995 in Case T-549/93: D v. Commission of the European Communities (Officials - Disciplinary proceedings - Disciplinary Board - Inquiry - Sexual harassment)

No C 54/16          | EN |                Official Journal of the European Communities                                         4 . 3 . 95
 1 . annuls the Commission decision of 29 March 1993                 4. orders the parties in Case T-62/92 to bear their own
     reducing the assistance initially granted to the applicant            costs.
     by the ESF;
                                                                     í 1 ) OJ No C 28 , 5 . 2 . 1992 and OJ No C 258 , 7. 10 . 1992 .
2. orders the Commission to pay the costs.
(!) OJ No C 120, 30 . 4 . 1994 .
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                             of 26 January 1995
                                                                     on Case T-527/93 : O v. Commission of the European
                                                                                                Communities ( a )
 JUDGMENT OF THE COURT OF FIRST INSTANCE                             (Officials   — Action seeking annulment — Decision
                      of 26 January 1995                             suspendingpayment ofremuneration pursuant to Article 60
                                                                                         of the Staff Regulations)
in Joined Cases T-90/91 and T-62/92: Henri de Compte v.
                   European Parliament ( J )                                                      ( 95/C 54/29 )
 (Officials — Revocation of a decision recognizing an
occupational disease — Subsequent adoption of a decision                             (Language of the case: French)
refusing to recognize the occupational disease —
                           Annulment)                                In Case T-527/93 : O, an official of the Commission of the
                                                                     European Communities, represented by Jean-Francois
                          ( 95/C 54/28 )
                                                                     Neven, of the Brussels Bar, with an address for service in
                                                                     Luxembourg at the Chambers of Catherine Dessoy, 31 Rue
                (Language of the case: French)                       d'Eich, against Commission of the European Communities
                                                                     (Agents: Sean van Raepenbusch and Gianluigi Valsesia ) —
                                                                     application for the annulment of the Commission decision
In Joined Cases T-90/91 and T-62/92: Henri de Compte, a              of 23 December 1992 ordering suspension, pursuant to
former official of the European Parliament residing at               Article 60 of the Staff Regulations, of payment of the
Strasbourg (France), represented by Edmond Lebrun and                applicant's remuneration with effect from 1 January 1993
Eric Boigelot, of the Brussels Bar, with an address for service      — the Court of First Instance (First Chamber), composed of:
in Luxembourg at the Chambers of Louis Schiltz, 2 Rue du            J.L. Cruz Vila^a, President, H. Kirschner and A.
Fort Rheinsheim. v. European Parliament (Agent: Frangois             Kalogeropoulos,           Judges;     J.     Palacio    Gonzalez,
Vainker) — application, first, for the annulment of the              Administrator, for the Registrar, has given a judgment on
decision of the European Parliament of 18 April 1991 by              26 January 1995 , in which it:
which it retroactively revoked its decision of 24 January
1991 recognizing that the applicant was suffering from an
                                                                     1 . annuls the Commission decision of 23 December 1992
occupational disease within the meaning of Article 73 of the
                                                                           ordering payment of the applicant's remuneration to be
Staff Regulations of officials of the European Communities
and for an order requiring the defendant institution to pay
                                                                           suspended with effect from 1 January 1993;
to him the compensation awarded thereby (Case T-90/91 )              2. orders the Commission to pay all the costs.
and, second, the annulment of the decision of the European
Parliament of 20 January 1992 by which it refused to
                                                                     (!) OJ No C 299, 5 . 11 . 1993 .
recognize that the applicant was suffering from an
occupational disease and for an order requiring the
defendant institution to pay to him the compensation
provided for in that regard ( Case T-62/92 ) — the Court of
First Instance (First Chamber), composed of J.L. Cruz
Vilaga, President, and H. Kirschner and A. Kalogeropoulos,           JUDGMENT OF THE COURT OF FIRST INSTANCE
Judges; H. Jung, Registrar, has given a judgment on
26 January 1995 , in which it:                                                               of 26 January 1995
                                                                     in Case T-549/93 : D v. Commission of the European
                                                                                                Communities (*)
1 . dismisses the claims for relief made in the application in
     Case T-90/91 . The European Parliament is ordered to            (Officials — Disciplinaryproceedings — DisciplinaryBoard
     pay to the applicant compensation for non-material                            — Inquiry — Sexual harassment)
     damage in the sum of Bfrs 200 000;                                                             95/C 54/30)
2. dismisses the application in Case T-62/92;                                        (Language of the case: French)
3 . orders the European Parliament in Case T-90/91 to bear          In Case T-549/93 : D, a former official of the Commission of
     its own costs and to pay one quarter of the costs of the       the European Communities, represented by Eric Boigelot, of
     applicant, who is consequently to bear three quarters of       the Brussels Bar, with an address for service in Luxembourg
     his own costs;                                                 at the Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim,
 ---pagebreak--- 4. 3. 95            I EN 1                Official Journal of the European Communities                                No C 54/17
v. Commission of the European Communities (Agent: Ana                3 . orders the Court of Justice to pay all the costs.
Maria Alves Vieira ) — application for the annulment of the
Commission's decision of 30 September 1993 imposing on               (M OJ 1994 C 76, 12 . 3 . 1994 .
the applicant the disciplinary measure referred to in Article
86 (2 ) ( f) of the Staff Regulations of Officials of the
European Communities, namely, removal from post
without    withdrawal      or   reduction  of entitlement   to
retirement pension — the Court of First Instance ( Fourth            JUDGMENT OF THE COURT OF FIRST INSTANCE
Chamber ), composed of K. Lenaerts, President, and R.
Schintgen and R. García-Valdecasas, Judges; H. Jung,                                       of 11 January 1995
Registrar, has given a judgment on 26 January 1995, in               in Case T-l 16/94 Cassa Nazionale di Previdenza ed
which it:                                                            Assistenza a favore degli Avvocati e Procuratori v. Council
                                                                                       of the European Union (*)
1 . dismisses the application;                                       (Action for annulment — Regulation (EC) No 3604/93
                                                                     specifying definitions for the application of the prohibition
2. orders the parties to bear their own costs, including             of privileged access referred to in Article 104a of the EC
     those relating to the proceedings for interim                                     Treaty — Inadmissibility)
     measures .                                                                                 ( 95/C 54/32 )
(!) OJ No C 325, 2 . 12 . 1993 .                                                     (Language of the case: Italian)
                                                                     In Case T- 116/94 : Cassa Nazionale di Previdenza ed
                                                                     Assistenza a favore degli Avvocati e Procuratori,
                                                                     represented by Edilberto Ricciardi, of the Salerno Bar, and
                                                                     by Pietro Adonnino, Mario Sanino, Maurizio de Stefano
                                                                     and Alberto Colabianchi, all of the Rome Bar, with an
JUDGMENT OF THE COURT OF FIRST INSTANCE                              address for service in Luxembourg at the Chambers of M.
                      of 26 January 1995                             Goebel, 6 Rue Heine, against the Council of the European
in Case T-60/94: Myriam Pierrat v. Court of Justice of the           Union (Agents: R. Bandilla and A. Lucidi ) — application for
                  European Communities ( J )                         annulment of Council Regulation ( EC ) No 3604/93 of
(Members ofthe temporary staff— Recruitment ofreaders                13 December 1993 specifying definitions for the application
of judgments — Selection procedure — Rejection of an                 of the prohibition of privileged access referred to in
            application — Duty to state reasons)
                                                                     Article 104a of the Treaty (2), the Court of First Instance
                                                                     (Third Chamber), composed of: J. Biancarelli (President),
                          ( 95/C 54/31                               C.P. Briët and C.W. Bellamy, Judges, H. Jung, Registrar,
                                                                     made an order on 11 January 1995, the operative part of
                (Language of the case: French)                       which is as follows :
                                                                     1 . the action is dismissed as inadmissible.
In Case T-60/94: Myriam Pierrat, a former member of the
temporary staff of the Court of Justice of the European              2. there is no need to rule on the applications to
Communities, residing in Luxembourg, represented by                       intervene.
Georges Vandersanden, of the Brussels Bar, with an address
for service in Luxembourg at the office of Fiduciaire Myson          3 . the applicant shall bear its own costs and those incurred
S.à r.l., 1 Rue Glesener, against Court of Justice of the                 by the Council. Each ofthe interveners shall bear its own
European Communities (Agents : T. Millett and A. May) —                   costs.
application for the annulment of the decisions of the Court
to appoint Mrs B. as reader of judgments and to reject the           (M OJ No C 132, 14. 5 . 1994 .
applicant's application for the post of reader of judgments,         (2 ) OJ No L 332, 31 . 12 . 1993 , p . 4 .
and for the award to the applicant of one symbolic ecu as
compensation for the non-material damage which she
claims to have suffered — the Court of First Instance (First
Chamber ), composed of: J.L. Cruz Vilaça, President, H.
Kirschner and A. Kalogeropoulos, Judges; H. Jung,
Registrar, has given a judgment on 26 January 1995, in               Action brought on 9 January 1995 by Christian
which it:                                                            Vahrenkamp against Council of the European Union and
                                                                              Commission of the European Communities
                                                                                              (Case T-l/95 )
1 . annuls the decision of the President of the Court of
    Justice of 27 May 1993 to appoint Mrs B. as reader of                                         95/C 54/33 )
    judgments and the decision, notified to the applicant by
    letter of 8 June 1 993, to reject her application for the                      (Language of the case: German)
    post of reader of judgments;
                                                                     An action against the Council of the European Union and
2. dismisses the remainder of the application;                       the Commission of the European Communities was brought