CELEX: C1999/246/47
Language: en
Date: 1999-08-28 00:00:00
Title: Judgment of the Court of First Instance of 19 May 1999 in Case T-203/95: Bernard Connolly v Commission of the European Communities (Officials - Article 88 of the Staff Regulations - Suspension - Admissibility - Statement of reasons - Alleged fault - Infringement of Articles 11, 12 and 17 of the Staff Regulations - Equal treatment)

28.8.1999             EN                     Official Journal of the European Communities                                       C 246/23
                                                       COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                             an address for service in Luxembourg at the Chambers of
                                                                        Loesch and Wolters, 11 Rue Goethe v Commission of the
                        of 19 May 1999                                  European Communities (Agents: initially Bernd Langeheine
                                                                        and Heinz-Joachim Freund, and subsequently Wouter Wils
                                                                        and Heinz-Joachim Freund) — application for the annulment
in Case T-175/95: BASF Coatings AG v Commission of                      of Commission Decision 95/477/EC of 12 July 1995 relating
                the European Communities (1)                            to a proceeding pursuant to Article 85 of the EC Treaty (Case
                                                                        IV/33.802 — BASF Lacke + Farben AG, and Accinauto SA)
(Competition — Article 81(1) EC (ex Article 85(1)) —                    (OJ 1995 L 272, p. 16) — the Court (First Chamber), composed
     Exclusive distribution agreement — Parallel imports)               of: B. Vesterdorf, President, R.M. Moura Ramos and P. Mengoz-
                                                                        zi, Judges; J. Palacio González, Administrator, for the Registrar,
                        (1999/C 246/45)                                 has given a judgment on 19 May 1999, in which it:
                                                                        1. Dismisses the application;
                  (Language of the case: German)
                                                                        2. Orders the applicant to pay the costs.
In Case T-175/95: BASF Coatings AG (formerly BASF Lack
und Farben AG), with its registered office in Münster-Hiltrup
(Germany), represented by Ferdinand Hermanns, Rechtsan-                 (1) OJ C 315 of 25.11.1995.
walt, Düsseldorf, with an address for service in Luxembourg at
the Chambers of Loesch and Wolter, 11 Rue Goethe, against
the Commission of the European Communities (Agents:
initially Bernd Langeheine and Heinz-Joachim Freund and
subsequently by Wouter Wils and Hans-Joachim Freund)
— application for the annulment of Commission Decision
95/477/EC of 12 July 1995 relating to a proceeding pursuant
to Article 85 of the EC Treaty (Case IV/33.802 — BASF Lacke
                                                                            JUDGMENT OF THE COURT OF FIRST INSTANCE
+ Farben AG, and Accinauto SA) (OJ 1995 L 272, p. 16) —
the Court of First Instance (First Chamber), composed of B.
Vesterdorf, President, R.M. Moura Ramos, and P. Mengozzi,                                        of 19 May 1999
Judges; J. Palacio González, Administrator, for the Registrar,
has given a judgment on 19 May 1999, in which it:
                                                                        in Case T-203/95: Bernard Connolly v Commission of the
1. Dismisses the application;                                                               European Communities (1)
2. Orders the applicant to pay the costs.                               (Officials — Article 88 of the Staff Regulations — Suspen-
                                                                        sion — Admissibility — Statement of reasons — Alleged
                                                                        fault — Infringement of Articles 11, 12 and 17 of the Staff
(1) OJ C 315 of 25.11.1995.
                                                                                         Regulations — Equal treatment)
                                                                                                 (1999/C 246/47)
                                                                                            (Language of the case: French)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                        In Case T-203/95: Bernard Connolly, a former official of
                        of 19 May 1999                                  the Commission of the European Communities, residing in
                                                                        Everberg (Belgium), represented by Jacques Sambon and
in Case T-176/95: Accinauto SA v Commission of the                      Pierre-Paul Van Gehuchten, of the Brussels Bar, with an address
                  European Communities (1)                              for service in Luxembourg at the Chambers of Louis Schiltz, 2
                                                                        Rue du Fort Rheinsheim, against Commission of the European
                                                                        Communities (Agents: Gianluigi Valsesia and Julian Currall) —
(Competition — Article 81(1) EC (ex-Article 85(1)) —                    application for annulment of the decision of 27 September
     Exclusive distribution agreement — Parallel imports)               1995 by which the appointing authority decided to suspend
                                                                        the applicant from his duties and to withhold half of his basic
                        (1999/C 246/46)                                 salary with effect from 3 October 1995 — the Court of First
                                                                        Instance (First Chamber), composed of B. Vesterdorf, President,
                                                                        J. Pirrung and M. Vilaras, Judges; H. Jung, Registrar, has given
                  (Language of the case: German)                        a judgment on 19 May 1999, the operative part of which is as
                                                                        follows:
In Case T-176/95: Accinauto SA, established in Brussels,
represented by Helmut Glassen, Rechtsanwalt, Leimen, with               1. The application is dismissed;
 ---pagebreak--- C 246/24                EN                        Official Journal of the European Communities                                      28.8.1999
2. The parties shall bear their own costs, including those relating to           JUDGMENT OF THE COURT OF FIRST INSTANCE
      the proceedings on the application for interim measures.
                                                                                                       of 6 July 1999
( 1) OJ C 351 of 30.12.1995.
                                                                             in Joined Cases T-112/96 and T-115/96: Jean-Claude Séché
                                                                                    v Commission of the European Communities (1)
                                                                             (Officials — Refusal of promotion — Comparative examin-
                                                                             ation of the merits — Statement of reasons — Token
                                                                             appointment — Equal treatment principle — Discrimination
                                                                             on the grounds of age, sex and nationality — Duty to have
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                 due regard to the welfare of officials — Correspondence
                                                                             between grade and duties — Article 27, third paragraph, of
                            of 8 July 1999                                   the Staff Regulations — Misuse of powers and procedure —
                                                                             Principles of the protection of legitimate expectations and of
                                                                             good faith — Right to a temporary posting — Decision on
in Case T-36/96: Giuliana Gaspar v European Parliament (1)                   the grant of a temporary posting — Discretion of the
                                                                             administration — Right to the differential allowance —
                                                                             Fault on the part of the administration — Non-material
(Officials — Appeal — Reference back to the Court of First                   damage — Dismissal of applications for preparatory inquir-
Instance — Sick leave — Medical certificate — Annual                                                         ies)
medical check-up — Conclusions conflicting with the medical
                              certificate)
                                                                                                      (1999/C 246/49)
                           (1999/C 246/48)
                     (Language of the case: French)
                                                                                                 (Language of the case: French)
In Case T-36/96: Giuliana Gaspari, an official of the European
Parliament, residing at Sandweiler (Luxembourg), represented
by Lucette Defalque, of the Brussels Bar, with an address for                In Joined Cases T-112/96 and T-115/96: Jean-Claude Séché, a
service in Luxembourg at the offices of Fiduciaire Myson SARL,               former official of the Commission of the European Communi-
30 Rue de Cessange, v European Parliament (Agents: Manfred                   ties, residing in Brussels, represented by Eric Boigelot, of the
Peter and Antonio Caiola) — application for annulment of the                 Brussels Bar, with an address for service in Luxembourg at the
decision of 22 May 1995 by which the Parliament treated the                  Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim,
applicant’s absence on 5 May 1995 as irregular and deducted                  supported by Union Syndicale (European Public Service Union)
one day from her annual leave entitlement pursuant to Article                — Brussels, represented initially by Véronique Lebrun and
60 of the Staff Regulations of officials of the European                     subsequently by Pierre Monville, both of the Brussels Bar,
Communities, and for annulment, in so far as may be                          against the Commission of the European Communities
necessary, of the confirmatory decision of 9 August 1995 —                   (Agents: Gianluigi Valsesia, Julian Currall and Denis Wael-
the Court of First Instance (Third Chamber), composed of: M.                 broeck) — application, in Case T-112/96, for the annulment
Jaeger, President, and K. Lenaerts and J. Azizi, Judges; B. Pastor,          of two decisions adopted by the Commission on 22 May 1996
Principal Administrator, for the Registrar, has given a judgment             in a procedure for filling an A 2 post in the Legal Service
on 8 July 1999, in which it:                                                 declared vacant by Notice COM/20/96, respectively appointing
                                                                             Mrs D as Principal Legal Adviser at Grade A 2 and rejecting the
                                                                             applicant’s candidature for that post; and, in Case T-115/96, for
1. Dismisses the action;                                                     the annulment of the Commission’s decision of 1 December
                                                                             1995 rejecting the applicant’s request for, effectively, reclassifi-
                                                                             cation of his post at Grade A 2 as from 1 June 1991 and, in
2. Orders the parties to bear all their own costs in respect of the          the alternative, the benefit of the temporary postings system
      proceedings before the Court of First Instance and the Court of        — the Court of First Instance (Fifth Chamber), composed of
      Justice.                                                               J.D. Cooke, President of the Chamber, R. Garcı́a-Valdecasas,
                                                                             and P. Lindh, Judges; A. Mair, Administrator, for the Registrar,
                                                                             gave a judgment on 6 July 1999, the operative part of which
                                                                             is as follows:
(1) OJ C 145 of 18.5.1996.
                                                                             1. There is no need to adjudicate on the application, made in the
                                                                                  action in Case T-112/96, for the annulment of the decision to
                                                                                  appoint Mrs D to the contested post;