CELEX: C1997/252/63
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 10 July 1997 in Case T-36/96: Giuliana Gaspari v. European Parliament (Officials - Sick leave - Medical certificate - Medical examination to verify - Conclusions contradicting the medical certificate)

16 . 8 . 97             EN                   Official Journal of the European Communities                                No C 252/29
annulment of the Commission 's decision of 4 October                    annual leave — the Court of First Instance ( Fifth
1995 rejecting the requests made by the applicants,                     Chamber), composed of A. Kalogeropoulos, acting as
following the judgment of the Court of Justice in Joined                President of the Chamber, J. Azizi and M. Jaeger, Judges;
Cases C-89/85 , C-104/85 , C-l 14/85 , C-l 16/85 , C-l 17/85            A. Mair, Administrator, for the Registrar, has given a
and C-125/85 to C-129/85 Ahlström Osakeyhtiö and                        judgment on 10 July 1997, in which it:
Others v. Commission [ 1993 ] ECR 1-1307, for repayment
of the fines imposed on them by Commission Decision 85/                 1 . annuls the decision of the Parliament of 22 May, in
202/EEC of 19 December 1984 relating to a proceeding                          which it considered the applicant's absence on 5 May
under Article 85 of the EEC Treaty (IV/29.725 — Wood                          1 995 to be unauthorized and deducted a day from her
pulp ) ( OJ No L 85 , 26 . 3 . 1985 , p. 1 ) — the Court of                   annual leave, and the decision of 9 August 1995
First Instance ( Second Chamber, Extended Composition ),                      confirming that decision;
composed of: B. Vesterdorf, President, C. W. Bellamy and
A. Kalogeropoulos, Judges; H. Jung, Registrar, has given a
judgment on 10 July 1997, in which it:                                  2 . orders the Parliament to pay the costs.
                                                                        H OJ No C 145 , 18 . 5 . 1996 .
1 . annuls the Commission 's decision, contained in the
      letter of 4 October 1995, rejecting the applicant's
      request that it review, in the light of the judgment of
      the Court of First Instance in Joined Cases C-89/85,
      C-104/85, C-l 14/85, C-l 16/85, C-117/85 and C-125/
      85 to C-129/85 Ahlström Osakeyhtiö and Others v.
      Commission [1993] ECR 1-1307, the legality of                        JUDGMENT OF THE COURT OF FIRST INSTANCE
      Commission Decision 85/202/EEC of 19 December                                              of 10 July 1997
      1984, relating to a proceeding under Article 85 of the
                                                                        in Case T-38/96: Guérin Automobiles v. Commission of
      EEC Treaty (IV/29. 725 — Wood pulp) in so far as the
      latter relates to them;                                                             the European Communities H
                                                                         (Competition — Action for failure to act — No need for a
2 . dismisses the action as inadmisible in so far as it seeks                   ruling — Action for damages — Inadmissibility)
      the issue of directions to the Commission;                                                   ( 97/C 252/64 )
 3 . orders the Commission to pay the costs.                                              (Language of the case: French)
 (') OJ No C 64, 2 . 3 . 1996 .                                          In Case T-38/96 : Guérin Automobiles, with its registered
                                                                         office at Alençon ( France ), represented by Jean Claude
                                                                         Fourgoux, of the Paris Bar and of the Brussels Bar, with
                                                                         an address for service in Luxembourg at the Chambers of
                                                                         Pierrot Schiltz, 4 Rue Beatrix de Bourbon, against
                                                                         Commission of the European Communities (Agents:
                                                                         initially Francisco Enrique Gonzalez Diaz and Guy
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              Charrier, subsequently Giuliano Marenco and Guy
                           of 10 July 1997                               Charrier) — application for ( i ) a declaration that the
                                                                         Commission failed to act, by not addressing a statement of
         in Case T-36/96: Giuliana Gaspari v. European                   objections to Nissan France and ( ii ) compensation for the
                            Parliament (')
                                                                         damage caused to the applicant by that failure to act —
 (Officials — Sick leave — Medical certificate — Medical                 the Court of First Instance ( Second Chamber, Extended
 examination to verify — Conclusions contradicting the                   Composition ), composed of: C. W. Bellamy, President,
                         medical certificate)                            C. P. Briët and A. Kalogeropoulos, Judges; A. Mair,
                                                                         Administrator, for the Registrar, has given a judgment on
                            ( 97/C 252/63 )                               10 July 1997, in which it:
                   (Language of the case: French)                         1 . declares that there is no need to rule on the action for
                                                                               failure to act;
 In Case T-36/96 : Giuliana Gaspari, an official of the
 European         Parliament,       residing    at      Sandweiler       2 . dismisses      the remainder of the application as
  ( Luxembourg), represented by Jean-Noel Louis, Thierry                       inadmissible;
 Demaseure and Ariane Tornel, all of the Brussels Bar, with
  an address for service in Luxembourg at the offices of
  Fiduciaire Myson Sari, 30 Rue de Cessange, against the
                                                                          3 . orders the Commission to pay its own costs and half
                                                                               of the applicant's costs.
  European Parliament ( Agents : Manfred Peter and Antonio
  Caiola ) — application for the annulment of the decisions
  of 22 May 1995 and 9 August 1995 , whereby the                          H OJ No C 145 , 18 . 5 . 1996 .
  Parliament considered the applicant's absence on 5 May
  1995 to be unauthorized and deducted a day from her