CELEX: C1995/159/56
Language: en
Date: 1995-06-24 00:00:00
Title: Action brought on 11 April 1995 by Jean-Pierre Aubineau against the Commission of the European Communities (Case T-102/95)

24 . 6 . 95          LEN                  Official Journal of the European Communities                                    No C 159/27
( d ) The rejection of the price undertaking proposed by the         Jean-Pierre Aubineau, residing in Brussels (Belgium ),
       applicant is based on invalid grounds .                       represented by Georges Vandersanden, of the Brussels Bar,
                                                                     with an address for service in Luxembourg at the offices of
C ) OJ No L 15, 21 . 1 . 1995 , p . 11 .                             Fiduciaire Myson Sari, 1 Rue Glesener.
                                                                     The applicant claims that the Court should :
                                                                     — annul the decision of J. P. Contzen, contained in his note
                                                                           of 27 February 1995 , compulsorily transferring the
Action brought on 10 April 1995 by Hans-Günter vom Endt                    applicant to the post of Adviser to the Head of the ISEI
against the Council of the European Union and the                          ( Institute for Systems Engineering and Informatics ),
         Commission of the European Communities                           Ispra ,
                        ( Case T-100/95 )
                                                                     — award the applicant one ecu by way of token
                          ( 95/C 159/55 )
                                                                          compensation for the non-material damage suffered by
                                                                           him,
                (Language of the case: German)
                                                                     — reimburse to the applicant the whole of such personal
An action against the Council of the European Union and                   expenses as he may incur in moving to Ispra and
the Commission of the European Communities was brought                    installing himself there,
before the Court of First Instance of the European
Communities on 10 April 1995 by Hans-Günter vom Endt,                — order the Commission to pay all of the costs .
Wuppertal ( Federal Republic of Germany ), represented by
Bernd Meisterernst, Mechtild Düsing, Dietrich Manstetten,
Frank Schulze and Winfried Haneklaus , Rechtsanwälte,                Pleas in law and main arguments adduced in support:
Munster, with an address for service in Luxembourg at the
Chambers of Dupong & Associés, 14a Rue des Bains .                   The applicant contests the decision of the appointing
                                                                     authority of the Joint Rersearch Centre (JRC ) compulsorily
The applicant claims that the Court should :                         transferring him to Ispra as Adviser to the Head of the
                                                                     Institute for Systems Engineering and Informations (ISEI)
                                                                     with effect from 1 April 1995 , which was subsequently
1 , order the defendants jointly to pay to the applicant             deferred to 1 May 1995 .
      SLOM I compensation for the period from 20 May 1 984
      to 29 March 1989 in the amount of DM 100 965,13
      together with interest thereon at 8 % from 19 May 1992         The applicant was engaged by the JRC as a member of the
      and jointly to pay the costs of the proceedings ;              temporary staff pursuant to a contract of three years'
                                                                     duration, which was subsequently changed to a contract for
2 , join the present action to that already pending in Case          an indefinite period from 1 March 1993 .
      T-77/93 Hülseberg and Others v. Council and
      Commission and also stay the proceedings .                     The applicant disputes the legality of the contested decision
                                                                     on the grounds that it contravenes :
Pleas in law and main arguments adduced in support:
                                                                     ( a ) the contract of employment concluded between the
The pleas in law and main arguments are similar to those in                  Commission and the applicant, as amended by the
Case T-20/94 .                                                               transaction referred to above, in that it fixes Brussels as
                                                                             the place of employment;
                                                                     ( b ) Article 7 of the Staff Regulations, according to which
                                                                             the appointing authority may compulsorily transfer an
                                                                             official or a member of the temporary staff solely in the
                                                                             interest of the service;
Action brought on 11 April 1995 by Jean-Pierre Aubineau
   against the Commission of the European Communities                (c ) the principle of the protection of legitimate
                        ( Case T-102/95 )                                    expectations , in that the defendant failed to comply
                          ( 95/C 159/56 )                                    with the provisions of the settlement terminating the
                                                                             proceedings in Case T-91 /91 ; and
                 (Language of the case: French)                      (d ) the principle of good management and sound
                                                                             administration .
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 11 April 1995 by