CELEX: C1997/252/59
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 9 July 1997 in Case T-4/96: S v. Court of Justice of the European Communities (Officials - Occupational disease - Medical Committee - Basis for calculating the benefits provided for by Article 73 (2) of the Staff Regulations)

16 . 8 . 97            EN                  Official Journal of the European Communities                                No C 252/27
3 . orders the United Kingdom of Great Britain and                       JUDGMENT OF THE COURT OF FIRST INSTANCE
      Northern Ireland to bear its own costs.
                                                                                                 of 9 July 1997
(') OJ No C 290 , 6 . 11 . 1992 .                                     in Case T-4/96: S v. Court of Justice of the European
                                                                                                Communities ( ! )
                                                                      (Officials — Occupational disease — Medical Committee
                                                                      — Basis for calculating the benefits provided for by
                                                                                  Article 73 (2) of the Staff Regulations)
                                                                                                 ( 97/C 252/59 )
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                           of 9 July 1997                                             (Language of the case: French)
in Case T-156/95 : Diego Echauz Brigaldi and Others v.
         Commission of the European Communities (')
                                                                      In Case T-4/96 : S v. Court of Justice of the European
(Officials — Decisions of the Commission refusing special             Communities ( Agent: Timothy Millett), application for,
    leave for elections and travelling time — Admissibility)          first, the annulment of the decision of the Court of Justice
                                                                      of 11 April 1995 , in so far as it adopted an invalidity rate
                           ( 97/C 252/58 )                            of 6 % for the purpose of calculating the lump sum
                                                                      provided for in Article 73 of the Staff Regulations of
                                                                      Officials of the European Communities; secondly,
                 (Language of the case: English)                      acknowledgement of the applicant's right to that lump
                                                                      sum calculated on the basis of an invalidity rate of 30% ;
                                                                      and, thirdly, compensatory interest — the Court of First
In Case T-156/95 : Diego Echauz Brigaldi, Jose Luis                   Instance ( Fourth Chamber), composed of: K. Lenaerts,
Buendía Sierra, Cesar Montoliu Garcia, Maria Jesus Ruiz               President, P. Lindh and J. D. Cooke, Judges; A. Mair,
Monroy, Carmen Ochoa de Michelena, Victoria                           Administrator, for the Registrar, gave a judgment on 9 July
Pagadigorria Wicke, Miguel Abellan Lopez, Inmaculada                   1997, in which it:
Gil Tardón, Antonio Garcia Velazquez, Maria Carmen
Labrador Rubio, Carmen Casado Salinas, Diego Gonzalez
Marin, Eva Maria Rasines Martin, Julio Vizcarra Soriano                1 . dismisses the application;
and Leopoldo Fabra Utray, officials of the Commission of
the European Communities, represented by Ramon
García-Gallardo Gil-Fournier, of the Burgos Bar, with an              2 . orders each party to bear its own costs.
address for service in Brussels at the Chambers of J. and
B. Cremades and Associates, 391 Avenue Louise, against
Commission of the European Communities ( Agents : Ana                  (') OJ No C 77, 16 . 3 . 1996 .
Maria Alves Vieira and Blanca Vila Costa ) — application
for annulment of the decisions of the Commission of
2 May 1995 refusing to grant the applicants special leave
for elections and travelling time in order to enable them to
exercise their right to vote in Spain, where they had
retained official residence and where they went to vote in
the elections to the European Parliament in June 1994,                   JUDGMENT OF THE COURT OF FIRST INSTANCE
and for an order that the Commission grant each official
the number of days' travelling time used by them in order                                        of 9 July 1997
to go to vote in Spain or pay them the amount                                 in Case T-92/96: Roberto Monaco v. European
corresponding to the number of days used — the Court of                                           Parliament (M
First Instance ( Fourth Chamber), composed of K. Lenarts,
President, P. Lindh and J. D. Cooke, Judges; J. Palacio                (Officials — Appointment — Classification in grade —
Gonzalez, Administrator, for the Registrar, gave a                     Infringement of the notice of competition and notice of
judgment on 9 July 1997, in which it:                                  vacancy — Principle of the protection of legitimate
                                                                       expectations — Article 31 (2) of the Staff Regulations —
                                                                        Principle of equality of treatment and non-discrimination)
 1 . dismisses the application;
                                                                                                  ( 97/C 252/60 )
 2 . orders the parties each to bear their own costs.                                  (Language of the case: French)
 O OJNoC 77, 16 . 3 . 1996 .
                                                                       In Case T-92/96 : Roberto Monaco, an official of the
                                                                       European Parliament, residing at Capellen ( Luxembourg),
                                                                       represented by Jean-Noel Louis, Thierry Demaseure and