CELEX: C1996/388/22
Language: en
Date: 1996-12-21 00:00:00
Title: Removal from the register of T-70/96

21 . 12 . 96          I EN I              Official Journal of the European Communities                                 No C 388/ 11
Pleas in law and main arguments adduced in support:                            Removal from the register of T-31/96 ( ] )
                                                                                                ( 96/C 388/21
The applicant contests the appointing authority's decision                          (Language of the case: French)
dated 1 December 1995 and notified on 27 December
1995 by which he was assigned non-active status,                     By order of 6 November 1996 the President of the Third
backdated to 30 November 1995 and granted the                        Chamber, Extended Composition, of the Court of First
allowance provided for in Annex IV to the Staff                      Instance of the European Communities has ordered the
Regulations. By way of subsequent related decisions, he              removal from the register of Case T-31/96 : Credit
also contests the decision, notified by letter of 21 February        Lyonnais v. Commission of the European ' Communities.
1996 , to withhold Lfrs 71 484 from the allowance granted
pursuant to Article 41 of the Staff Regulations and the              (!) OJ No C 133 , 4 . 5 . 1996 .
related decision to stop, with effect from 1 December
1995 , the remuneration and allowances to which he is
entitled .
                                                                               Removal from the register of T-70/96 (')
The applicant argues in the first place in support of his                                         96/C 388/22 )
claims that Articles 25 and 41 of the Staff Regulations
have been infringed. He contends that, under the principle                        (Language of the case: Portuguese)
of legal certainty of legal situations, the starting point of a      By order of 12 November 1996 the President of the
Community measure may not be set at a date prior to its              Second Chamber of the Court of First Instance of the
publication. As far as the matter at issue is concerned, late        European Communities has ordered the removal from the
notification of assignment to non-active status prevents             register of Case T-70/96 : Mediocurso, Estabelecimento de
the appointing authority from considering the official's             Ensino Particular, Limitada          v.    Commission of the
priority for reinstatement in any post of his grade which            European Communities.
may fall vacant or be created and for which he has the
necessary qualifications .                                           (!) OJ No C 210, 20 . 7. 1996 .
In addition, the statement of reasons of the contested
decision does not enable either the applicant or the Court
of First Instance to check whether the budgetary authority
                                                                               Removal from the register of T-72/96 (*)
extended the possibilities for the application of Article 41
of the Staff Regulations to the 1996 financial year in                                          ( 96/C 388/23
accordance with the rules set out in Article 220 et seq. of                       (Language of the case: Portuguese)
the EC Treaty.
                                                                     By order of 12 November 1996 the President of the
                                                                     Second Chamber of the Court of First Instance of the
In his application, the applicant also claims that there has         European Communities has ordered the removal from the
been an infringement of the duty to have regard to                   register of Case T-72/96 : Mediocurso, Estabelecimento de
officials ' interest.                                                Ensino Particular, Limitada v. Commission of the
                                                                     European Communities.
                                                                     (!) OJ No C 210, 20 . 7. 1996 .