CELEX: C1997/252/60
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 9 July 1997 in Case T-92/96: Roberto Monaco v. European Parliament (Officials - Appointment - Classification in grade - Infringement of the notice of competition and notice of vacancy - Principle of the protection of legitimate expectations - Article 31 (2) of the Staff Regulations - Principle of equality of treatment and non-discrimination)

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
 ---pagebreak---  No C 252/28            EN                  Official Journal of the European Communities                                   16 . 8 . 97
 Ariane Tornel, of the Brussels Bar, with an address for                Chamber, Extended Composition ), composed of: B.
 service in Luxembourg at the offices of Fiduciaire Myson              Vesterdorf, President, C. P. Briët, P. Lindh, A. Potocki and
 Sari, 30 Rue de Cessange, v. European Parliament ( Agents:            J. D. Cooke, Judges; J. Palacio González, Administrator,
 Manfred Peter, Francis Herbert and Daniel M. Tomasevic )              for the Registrar, has given a judgment on 10 July 1997,
 — application for annulment of the decision of the                    in which it :
 European Parliament of 22 August 1995 appointing the
 applicant to a post as clerical assistant, in so far as that
 appointment was in grade C 5 — the Court of First                      1 . dismisses the claim for annulment as inadmissible;
 Instance ( Fourth Chamber ), composed of: K. Lenaerts,
 President, and P. Lindh and J. D. Cooke, Judges, A. Mair,
 Administrator, for the Registrar, has given a judgment on             2 . declares that it is unnecessary to proceed to judgment
 9 July 1997, in which it:                                                  on the claim alleging failure to act;
 1 . annuls the Parliament 's decision of 22 August 1995 in
                                                                       3 . orders the Commission to bear its own costs, to pay
      so far as it concerns the classification of the applicant             half of the costs incurred by the applicant in
                                                                            connection with the claim for annulment and the
      in grade;
                                                                            whole of the costs incurred by the applicant in
                                                                            connection with the claim alleging failure to act;
 2 . orders the Council to pay the costs.
                                                                       4 . orders the applicant to bear half of the costs which it
 (') OJ No C 233 , 10 . 8 . 1996 .                                          incurred in connection with the claim for annulment;
                                                                       5 . orders the Kingdom of Spain to bear its own costs.
                                                                       (•) OJ No C 64, 2 . 3 . 1996 .
   JUDGMENT OF THE COURT OF FIRST INSTANCE
                           of 10 July 1997
in Case T-212/95 : Asociación de Fabricantes de Cemento
de España (Oficemen) v. Commission of the European
                           Communities (M                                JUDGMENT OF THE COURT OF FIRST INSTANCE
 (Anti-dumping — Commission proposal to close an anti­                                          of 10 July 1997
dumping proceeding without imposing protective measures               in Case T-227/95 : AssiDomän Kraft Products AB and
— Rejection by the Council — Action for annulment —
                    Action for failure to act)                            Others v. Commission of the European Communities (')
                            ( 97/C 252/61 )
                                                                       (Competition — Consequences of partial annulment by
                                                                       the Court of Justice of a decision relating to a proceeding
                                                                       under Article 85 of the Treaty — Effects of the judgment
                (Language of the case: Spanish)                        on persons to whom the decision was addressed who did
                                                                      not bring an action for annulment — Article 176 of the
                                                                             Treaty — Request for partial refund of fines paid)
In Case T-2 12/95 : Asociacion de Fabricantes de Cemento
                                                                                                 ( 97/C 252/62 )
de Espana ( Oficemen ), established in Madrid, represented
by Jaime Folguera Crespo and Edurne Navarro Varona, of
the Barcelona Bar, with an address for service in                                     (Language of the case: English)
Luxembourg at the Chambers of Luc Frieden, 62 Avenue
Guillaume, supported by the Kingdom of Spain ( Agents:
initially Gloria Calvo Diaz, subsequently Luis Perez De               In Case T-227/95 : AssiDomän Kraft Products AB, whose
Ayala Becerril ), against Commission of the European                  registered office is in Stockholm, AB Iggesunds Bruk,
Communities (Agents : initially Nicholas Kahn and                     whose registered office is in Ornsköldsvik, Sweden,
Francisco Enrique Gonzalez-Diaz, subsequently Nicholas                Korsnäs AB, whose registered office is in Gävle, Sweden,
Kahn and Fernando Castillo De la Torre ) — application,               MoDo Paper AB, whose registered office is in
on the one hand, for annulment of the Commission's                    Ornsköldsvik, Sweden, Södra Cell AB, whose registered
decision to terminate de facto in February 1994 the anti­             office is in Växjö, Sweden, Stora Kopparbergs Bergslags
dumping proceeding initiated in April 1992 at the request             AB, whose registered office is in Falun, Sweden, Svenska
of Oficemen, thereby refusing the protective measures                 Cellulosa AB, whose registered office is in Sundsvall,
requested by that association, and, on the other hand, for            Sweden, represented by John E. Pheasant, solicitor of the
a declaration that, by formally maintaining the said anti­            Supreme Court of England and Wales, and Christopohe
dumping procedure open without adopting measures                      Raux, of the Paris Bar, with an address for service in
enabling it formally to be terminated, possibly through the           Luxembourg at the Chambers of Loesch & Wolter, 11
imposition of protective measures, the Commission has                 Rue Goethe, against Commission of the European
failed to act — the Court of First Instance (Third                    Communities ( Agent: Wouter Wils ) — application for