CELEX: C1996/233/15
Language: en
Date: 1996-08-10 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 26 June 1996 in Case T-91/95: Lieve de Nil and Christiane Impens v. Council of the European Union (Officials - Internal 'upgrading' competition - Measures taken to comply with a judgment declaring an act void - Article 176 of the EC Treaty - New tests - Regrading - Non-retroactive - Material and non-material damage - Compensation)

No C 233/8              EN                 Official Journal of the European Communities                                  10 . 8 . 96
 Court     of First   Instance    in  Case   T-58/92   Moat    v.       1 , annuls the decisions of the Council of 9 and 15 June
 Commission [ 1993 ] ECR 11-1443 , the delay in completing                   1994 rejecting the applicants ' requests foi­
 his 1991 to 1993 staff report, and the failure to give a                    compensation of 9 February 1994 , together with the
 reasoned reply to a memorandum of 30 March 1994                            decision of 4 January 1995 rejecting the applicants '
 described as a request and/or complaint — the Court of First               complaint of 6 September 1 994 ;
 Instance ( Fifth Chamber ), composed of: R. Schintgen ,
 President, R. Garcia-Valdecasas and J. Azizi , Judges; J.             2 , orders the Council to pay each of the applicants the sum
 Palacio Gonzalez, Administrator, for the Registrar, gave a                 of Bfrs 500 000 by way of compensation for the
 judgment on 21 June 1996 , in which it :                                   combined material and non-material damage;
  1 . dismisses the action -,
                                                                       3 , dismisses the remainder of the application;
 2 , orders each party to bear its own costs.                          4 , orders the Council to pay the costs.
 (') OJ No C 87 , 8 . 4 . 1995 .                                       C ) Ol No C 137, 3 . 6 . 1995 .
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                                      of 28 June 1996
                          of 26 June 1996                             in Case T-500/93 : Y v . Court of Justice of the European
 in Case T-91 /95 : Lieve de Nil and Christiane Impens v.                                      Communities ( 1 )
              Council of the European Union (')                        (Officials — Actions for annulment of measures —
 (Officials — Internal 'upgrading' competition — Measures              Disciplinary proceedings — Right to a fair hearing —
 taken to comply with a judgment declaring an act void —              Evidence of witnesses — 'Legitimate defense ' — 'Exceptio
Article 1 76 of the EC Treaty — New tests — Regrading —               veritatis ' — Mitigating circumstances — Statement of
Non-retroactive — Material and non-material damage —                    reasons — Action for damages —Non-material damage)
                           Compensation)                                                         ( 96/C 233 / 16 )
                           ( 96/C 233/ 15 )
                                                                                     (Language of the case: Portuguese)
                (Language of the case: French)
                                                                      In Case T-500/93 : Y v . Court of Justice of the European
                                                                      Communities ( Agents : Timothy Millett and, initially, Carlos
In Case T-91 /95 : Lieve de Nil , an official of the Council of       Pinto Correia , and Isabel Jalles ) — application for
the European Union , residing at Wolvertem ( Belgium ), and           annulment of the decision of the Court of Justice of
Christiane Impens, an official of the Council of the                  28 September 1992 imposing on the applicant the
European Union, residing at Brussels , represented by                 disciplinary measure of deferment of advancement to a
Jean-Noël Louis , Thierry Demaseure and Ariane Tornel , of            higher step for two years , and for compensation for the
the Brussels Bar, with an address for service in Luxembourg           non-material damage allegedly suffered by the applicant —
at the offices of Fiduciaire Myson Sàrl , 1 Rue Glesener, v .         the Court of First Instance ( Second Chamber ), composed
Council of the European Union ( Agents : Yves Chrétien and            of: H. Kirschner, President, and C. W. Bellamy and
Diego Canga Fano ) — application by each of the applicants,           A. Kalogeropoulos, Judges ; J. Palacio Gonzalez ,
first, for annulment of the decision of the Council of 15 June        Administrator, for the Registrar, has given a judgment on
1994 , and, in so far as may be necessary, of the decision of         28 June 1996 , in which it :
the Council of 9 June 1994 , respectively rejecting expressly
and by implication the request for compensation for the                1 , annuls the decision of the Court of Justice of
damage suffered as a result of the inadequate measures                      28 September 1992 imposing on the applicant the
taken by the Council to comply with the judgment of the                     disciplinary measure of deferment of advancement to a
Court of First Instance of 1 1 February 1 993 in Case T-22/91               higher step for two years ;
Railoa-Denti and Others v . Council 1 1 9 9 3 ] ECR 11-69 , and
of the decision of the Council of 4 January 1 995 expressly
rejecting the subsequent complaint, and, second , for an              2 , dismisses the remainder of the application;
order requiring the Council to pay each of them Bfrs
500 000 in respect of material damage and the token sum of            3 , orders the Court of Justice to pay the costs.
ECU 1 in respect of non-material damage — the Court of
First Instance ( Second Chamber ), composed of: H.
                                                                      C ) O J No C 272 , 8 . 10 . 1993 .
Kirschner, President, and C. W. Bellamy and A.
Kalogeropoulos, Judges ; H. Jung, Registrar, has given a
judgment on 26 June 1996 , in which it :