CELEX: C1996/133/47
Language: en
Date: 1996-05-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 21 March 1996 in Case T-230/94: Frederick Farrugia v. Commission of the European Communities (Action for annulment - Commission decision refusing to award a fellowship to the applicant - Criteria for eligibility - British Overseas citizen - Erroneous reasons - Non-contractual liability - Non-material damage)

4 . 5 . 96           EN                  Official Journal of the European Communities                               No C 133/21
 JUDGMENT OF THE COURT OF FIRST INSTANCE                            Communities and, second, an order requiring the
                     of 21 March 1996                               Commission to pay the token sum of one ecu by way of
                                                                    compensation for the non-material damage which the
in Case T-230/94 : Frederick Farrugia v. Commission of the          applicant claims to have suffered as a result of the contested
                 European Communities ( x )                         decision — the Court of First Instance ( Fifth Chamber ),
(Action for annulment — Commission decision refusing to             composed of R. Schintgen, President, and R. Garcia­
award a fellowship to the applicant — Criteria for eligibility      Valdecasas and J. Azizi, Judges; H. Jung, Registrar,
— British Overseas citizen — Erroneous reasons —                    has given a judgment on 21 March 1996, in which it:
     Non-contractual liability — Non-material damage)
                         ( 96/C 133/47 )                            1 , annuls the decision of the Commission of 13 January
                                                                          1 994 awarding an invalidity pension to the applicant;
              (Language of the case: English)                       2 , dismisses the remainder of the application;
In Case T-230/94 : Frederick Farrugia, resident in Athens,          3 , orders the Commission to pay all of the costs.
represented by Linos Sissilianos, of the Athens Bar, v.
Commission of the European Communities ( Agents: Ana                (') OJ No C 380, 31 . 12 . 1994 .
Maria Alves Vieira and, during the oral procedure, Peter
Oliver) — application for the annullment of the
Commission decision of 26 April 1994 rejecting the
applicant's application for a research training fellowship
and for compensation for material and non-material
damage allegedly caused to the applicant by that decision —
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
the Court of First Instance ( Second Chamber), composed
of H. Kirschner, President, C. W. Bellamy and                                              of 21 March 1996
A. Kalogeropoulos, Judges; H. Jung, Registrar, has given a          in Case T-10/95 : Akli Chehab v. Commission of the
judgment on 21 March 1996 , in which it:                                               European Communities (*)
                                                                    (Officials — Partial permanent invalidity — Recognition of
1 , annuls the Commission decision in its letter of 26 April                                     aggravation)
     1994;
                                                                                               ( 96/C 133/49 )
2 , dismisses the claim for compensation;
                                                                                    (Language of the case: French)
3 , orders the Commission to pay the costs.
                                                                    In Case T-10/95 : Akli Chehab, a retired former official of
(M OJ No C 101 , 22 . 4 . 1995 .                                    the Commission of the European Communities, residing in
                                                                    Paris, represented by Jean-Noël Louis, of the Brussels Bar,
                                                                    with an address for service in Luxembourg at the offices of
                                                                    Fiduciaire Myson Sàrl, 1 Rue Glesener, v. Commission of
                                                                    the European Communities (Agents: Ana Maria Alves
                                                                    Vieira and Julian Currall ) — application, first, for the
                                                                    annulment of a decision whereby the Commission declined
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                    to recognize a 3% aggravation in the partial permanent
                     of 21 March 1996                               invalidity of the applicant and, second, an order requiring
in Case T-3 76/94: Georgette Otten v. Commission of the             the Commission to pay compensation for the non-material
                 European Communities ( 1 )                         damage which the applicant claims to have suffered in the
(Officials — Invalidity Committee — Composition —                   present case — the Court of First Instance ( Second
   Decision to retire an official on grounds of invalidity)         Chamber ), composed of H. Kirschner, President, and C. W.
                                                                    Bellamy and A. Kalogeropoulos, Judges; B. Pastor, Principal
                         ( 96/C 133/48 )                            Administrator, for the Registrar, has given a judgment on
                                                                    21 March 1996 , in which it:
               (Language of the case: French)
                                                                    1 , annuls the    decision of the Commission of 22 March
                                                                          1 994 in so far as it limits to 3% the degree of partial
In Case T-376/94 : Georgette Otten, a former official of the
                                                                          permanent    invalidity from which the applicant is
Commission of the European Communities, residing at                       recognized  to be suffering;
Brussels, represented by Jean-Noël Louis, of the Brussels
Bar, with an address for service in Luxembourg at the offices       2 , dismisses the remainder of the application;
of Fiduciaire Myson Sàrl, 1 Rue Glesener, v. Commission of
the European Communities ( Agents: Gianluigi Valsesia and           3 , orders the Commission to pay all of the costs.
Julian Currall ) — application, first, for the annulment
of the decision of the Commission of 13 January 1994
awarding the appplicant an invalidity pension fixed in              ( ! ) OJ No C 74, 25 . 3 . 1995 .
accordance with the third paragraph of Article 78 of
the Staff Regulations of officials of the European