CELEX: C1997/054/26
Language: en
Date: 1997-02-22 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 December 1996 in Case T-33/95: Maria Lidia Lozano Palacios v. Commission of the European Communities (Officials - Former national expert on secondment - Daily subsistence allowance - Installation allowance - Reimbursement of removal expenses - Place of recruitment)

No C 54/ 18            EN                  Official Journal of the European Communities                                      22 . 2 . 97
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 12 December 1996                                                    of 12 December 1996
                                                                         in Case T-74/95 : Viriato Monteiro da Silva v. Commission
 in    Case    T-33/95 :   Maria     Lidia  Lozano    Palacios  v.
                                                                                       of the European Communities (')
         Commission of the European Communities (')
                                                                          (Officials — Former national expert on secondment —
  (Officials — Former national expert on secondment —                    Daily subsistence allowance — Installation allowance —
 Daily subsistence allowance — Installation allowance —                                        Place of recruitment)
  Reimbursement of removal expenses — Place of                                                       ( 97/C 54/27 )
                              recruitment)
                                                                                         (Language of the case: French)
                             ( 97/C 54/26 )
                                                                         In Case T-74/95 : Viriato Monteiro da Silva, an official of
                                                                         the Commission of the European Communities, residing in­
                  (Language of the case: French)                         Brussels, represented by Thierry Demaseure and Ariane
                                                                         Tornel , of the Brussels Bar, and, in the oral procedure, by
                                                                        Jean-Noel Louis, of the Brussels Bar, with an address for
                                                                         service in Luxembourg at the offices of Fiduciaire Myson
 In Case T-33/95 : Maria Lidia Lozano Palacios, an official              Sari , 1 rue Glesener, v. Commission of the European
 of the Commission of the European Communities, residing                 Communities ( Agents : Julian Currall and Denis
 in Brussels, represented by Jean-Noel Louis, of the                    Waelbroeck ) — application for annulment of the decision
 Brussels Bar, with an address for service in Luxembourg at              of the Commission of 6 April 1994 fixing Brussels as the
 the offices of Fiduciaire Myson Sari , 1 rue Glesener, v.              applicant's place of recruitment and refusing to grant him
 Commission of the European Communities ( Agents : Julian               the installation allowance and daily subsistence allowance
 Currall and Denis Waelbroeck ) — application, first, for               — the Court of First Instance ( Second Chamber),
 annulment of the decision of the Commission of 12 April                composed of: H. Kirschner, President, and C. W. Bellamy
 1994 fixing Brussels as the applicant's place of                       and A. Kalogeropoulos, Judges; B. Pastor, Principal
 recruitment and refusing to grant her the installation                 Administrator, for the Registrar, has given a judgment on
 allowance , to reimburse her removal expenses and to pay                12 December 1996 , in which it:
 the daily subsistence allowance and, second, for an order
 requiring the Commission to make those payments — the                   1 . Annuls the Commission s decision of 6 April 1994
 Court of First Instance ( Second Chamber ), composed of:                     inasmuch as it fixes Brussels as the applicant 's place of
H. Kirschner, President, and C. W. Bellamy and A.                             recruitment and refuses to grant him the installation
 Kalogeropoulos, Judges; B. Pastor, Principal Administrator,                  allowance provided for by Article 5 (1 ) of Annex VII
 for the Registrar, has given a judgment on 12 December                       to the Staff Regulations and the daily subsistence
 1996 , in which it:                                                          allowance provided for by Article 10 (1 ) of that
                                                                              Annex .
                                                                       2 . Orders the Commission to pay the costs.
 1 . Annuls the Commission 's decision of 12 April 1994,
                                                                        (') OJ No C 101 , 22 . 4 . 1995 .
      inasmuch as it refuses to grant the applicant the
      installation allowance provided for by Article 5 ( 1 ) of
      Annex VII to the Staff Regulations.
                                                                           JUDGMENT OF THE COURT OF FIRST INSTANCE
2 . Orders the Commission to pay the said allowance to                                       of 12 December 1996
      the applicant, together with default interest at the rate        in Case T-99/95 : Peter Esmond Stott v. Commission of the
      of 8% per annum from the date when it became                                         European Communities (')
      payable, in accordance with Annex VII to the Staff
      Regulations.                                                      (JET Joint Undertaking — Person claiming the status of a
                                                                                        member of the temporary staff)
                                                                                                    ( 97/C 54/28 )
3 . Dismisses the remainder of the action.                                              (Language of the case: English)
                                                                       In Case T-99/95 : Peter Esmond Stott, represented by
                                                                       Kenneth Parker QC and Rhodri Thompson, Barrister, of
4.    Orders the Commission to bear its own costs and to               the Bar of England and Wales, having an address for
     pay one third of the applicant 's costs. The applicant is         service in Luxembourg at the Chambers of Messrs
      ordered to bear two thirds of her own costs.                     Elvinger and Hoss, 15 Cote d'Eich, against Commission
                                                                       of the European Communities ( Agents : Hans Gerald
                                                                       Grassland and Julian Currall ) — application for
(') OJ No C 101 , 22 . 4 . 1995 .
                                                                       annulment of the decision of 28 September 1994 by which
                                                                       the Commission rejected the applicant's complaint against
                                                                       a decision of the Director of JET of 13 June 1994 refusing