CELEX: C1997/040/55
Language: en
Date: 1997-02-08 00:00:00
Title: Action brought on 26 November 1996 by Lars Bo Rasmussen against the Commission of the European Communities (Case T-193/96)

8 . 2 . 97            I tN |                 Official Journal of the European Communities                                 No C 40 / 23
Pleas in law and main arguments adduced in support:                          27 July 1995 seeking, first, the provision of a valid
                                                                             staff report for 1991 to 1993 and , second, payment of
The applicant, an Italian steel company in liquidation, has
                                                                             compensation for the non-material damage suffered as
brought an action directed principally against the same                      a result of non-compliance with the rules on the
decision which is the subject matter of Cases T-l 64/96
                                                                             drawing-up of staff reports and the belated inclusion
Moccia Irme SpA v. Commission and T-l 65/96 Prolafer v.
Commission, in so far as it concerns itself.
                                                                             of the report in his personal file,
The pleas and main arguments are analogous to those                     — annul , in so far as may be necessary, the Commission's
already relied on in the abovementioned cases.                               decision of 18 July 1996 expressly rejecting the
                                                                             applicant's complaint No R/l 47/96 ,
                                                                        — order the defendant to pay compensation for the non­
                                                                             material damage suffered, in the sum of Bfrs 500 000
Action brought on 26 November 1996 by Salini                                 or such other sum as the Court may consider fair and
Costruttori SpA against the Commission of the European                       reasonable,
                            Communities
                         ( Case T-l 88/96 )                             — order the defendant to pay the costs.
                            ( 97/C 40/54 )                              Pleas in law and main arguments adduced in support:
                  (Language of the case: French)                        The applicant contests the fact that, on 20 January 1995 ,
An action against the Commission of the European                        the appointing authority officially recorded receipt of his
Communities was brought before the Court of First                       staff report for 1991 to 1993 and placed it on his personal
Instance of the European Communities on 26 November                     file, whereas that report was merely a reiteration of his
 1996 by Salini Costruttori SpA, whose registered office is             report for the period 1989 to 1991 .
in Rome, represented by Jean-Pierre Cuny, of the                        By note dated 25 July 1995 , the applicant submitted a
Versailles Bar ( France ).                                              request within the meaning of Article 90 ( 1 ) of the Staff
The applicant claims that the Court should declare                      Regulations, applying in particular for a report to be
unlawful the Commission's failure to fulfil its obligation              drawn up in the prescribed manner in respect of the
to address to the Italian Government a decision based on                period under consideration . The Commission expressly
Article 93 ( 2 ) and Article 101 of the Treaty.                         rejected the request. The complaint lodged against the
                                                                        rejection decision was partially refused, in that the
 Pleas in law and main arguments adduced in support:                    administration offered him, by way of reparation for the
 The pleas in law and main arguments are analogous to                   non-material damage suffered, compensation of
 those relied on in Case T-l 87/96 .                                    Bfrs 35 000 .
                                                                        The present action is directed against that latter decision .
                                                                         In support of his claims, the applicant maintains that there
                                                                         has been a breach of the duty to have regard for the
 Action brought on 26 November 1996 by Lars Bo                           welfare and interests of officials, a breach of the principle
 Rasmussen against the Commission of the European                        of equality of treatment and an infringement of Articles 26
                             Communities
                                                                         and 43 of the Staff Regulations .
                          ( Case T-193/96 )
                                                                         He observes in that regard that the reiterated staff report,
                              ( 97/C 40/55 )                             corresponding to the period from 1989 to 1991 , covered
                   (Language of the case: French)                        only four months spent in Directorate D of DG V. That
                                                                         report was drawn up by the Director-General of the
 An action against the Commission of the European                        Translation Service and, since the applicant was assigned
  Communities was brought before the Court of First                      on    1   March    1991    to  the   Directorate-General    for
 Instance of the European Communities on 26 November                     Employment, there has necessarily been a radical change
  1996 by Lars Bo Rasmussen, residing at Dalheim                          of duties, and also of reporting officer. In those
  ( Luxembourg), represented by Carlo Revoldini, of the                  circumstances, reiteration of the staff report should not
  Luxembourg Bar, with an address for service in                          and could not have been possible .
  Luxembourg at his Chambers, 180 Route de Longwy.
                                                                          In addition, the applicant considers that he is entitled, like
  The applicant claims that the Court should :                            any other official , to a valid staff report, so that the
  — annul the decision of the appointing authority                        competent authorities can decide on his eligibility for
        rejecting the applicant's request No D/661 /95 of                 promotion and career.