CELEX: C1998/094/87
Language: en
Date: 1998-03-28 00:00:00
Title: Action brought on 21 January 1998 by Henri de Compte against European Parliament (Case T-25/98)

C 94/38              EN                  Official Journal of the European Communities                                     28.3.98
    procedure in the present case as well as infringement           Pleas in law and main arguments adduced in support:
    of the reasonable period' rule and the principle of
    sound administration. A suspension decision may be              The applicant, a former official of the European
    validly justified only in so far as disciplinary                Parliament, seeks the annulment of a decision which, in
    proceedings are brought against the official or servant         his own view, impliedly suggests that he was responsible
    who has been suspended and pending a disciplinary               for certain financial losses.
    measure. However, in this case, the Disciplinary Board
    did not find, in its recommendation, that there had
    been serious misconduct. Moreover, an abnormally                In support of his claim he alleges, first of all, that the
    lengthy period elapsed between, on the one hand, the            disciplinary measure of 18 January 1988, on whose
    opening of the disciplinary procedure and referral to           lawfulness the Community judicature was called upon to
    the Disciplinary Board and, on the other, the opinion           rule, was based on, among other grounds, the loss of
    of the Disciplinary Board and the disciplinary decision,        supporting documents, not on the loss of cash, a
    which, five and a half months later, has still not been         disciplinary complaint which was expressly ruled out by
    adopted,                                                        the Disciplinary Board.
                                                                    The applicant considers, moreover, that the contested
Ð infringement of Article 25 of the Staff Regulations, of           decision was taken in breach of the Financial Regulation
    the right to a fair hearing and of the principle of legal       of 21 December 1977 applicable to the general budget of
    certainty. The applicant states in this regard, first, that     the European Communities. That decision is also based
    no reasons were given for the contested suspension              both on the (mis)handling of accounting concepts and on
    decision which contradicts the Disciplinary Board's             documents which are either forged or anonymous.
    finding and, secondly, that all the documents on which
    the adoption of that decision was based were not
    disclosed to him in sufficient time to allow him to             Finally, in the context of his claim for compensation, he
    make comments.                                                  also relies on the violation of a number of fundamental
                                                                    principles of law, in particular of the rights of the defence.
                                                                    In particular, the applicant criticises the defendant for
                                                                    prohibiting him from gaining access to his own file and
                                                                    for using forged or unsigned documents in the procedure
                                                                    which led to the contested decision.
Action brought on 21 January 1998 by Henri de Compte
                against European Parliament
                       (Case T-25/98)
                         (98/C 94/87)
                                                                    Action brought on 28 January 1998 by Albert Nardone
                                                                      against the Commission of the European Communities
               (Language of the case: French)
                                                                                            (Case T-27/98)
                                                                                             (98/C 94/88)
An action against European Parliament was brought
before the Court of First Instance of the European
Communities on 21 January 1998 by Henri de Compte,                                 (Language of the case: French)
residing at Longeville-Les-Metz, represented by Henri
Ferretti, of the Thionville Bar, with an address for service        An action against the Commission of the European
in Luxembourg at the Chambers of Guy Harles, 8Ð10 rue               Communities was brought before the Court of First
Mathias Hardt.                                                      Instance of the European Communities on 28 January
                                                                    1998 by Albert Nardone, residing at PieÂtrain (Belgium),
                                                                    represented by Georges Vandersanden and Laure Levi, of
The applicant claims that the Court should:
                                                                    the Brussels Bar, with an address for service in
                                                                    Luxembourg at Fiduciaire Myson SARL, 30 rue de Ces-
Ð annul Decision No A4-0125/97 of 10 April 1997                     sange.
    Decision giving discharge in respect of the
    implementation of the budget for the financial year             The applicant claims that the Court should:
    1995 Ð Section I Ð European Parliament/
    Ombudsman Annex' (OJ C 132/148, 28.4.1997,
    p. 148),                                                        Ð annul the decision taken by the appointing authority
                                                                        on 29 May 1997 following the request that an
                                                                        occupational disease be recognised in accordance with
Ð find the European Parliament liable for the harm                      Article 17 of the Rules on sickness insurance for
    suffered by the applicant and, accordingly, order the               officials of the European Communities and, in so far
    European Parliament to pay to him such an amount as                 as necessary, annul the implied decision rejecting the
    the Court may consider equitable,                                   complaint lodged by the applicant against that
                                                                        decision of 29 May,
Ð order the European Parliament to pay the costs,
    including those relating to the pre-litigation procedure.       Ð order the Commission to pay the costs.