CELEX: C1995/268/48
Language: en
Date: 1995-10-14 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 13 September 1995 in Case T-276/94: Adam Buick v. Commission of the European Communities (Officials - Leave on personal grounds - Reinstatement)

No C 268/22           EN                  Official Journal of the European Communities                                    14 . 10 . 95
Decision 92/212/EEC of 25 March 1992 relating to a                   2 , orders each of the parties to bear its own costs.
proceeding pursuant to Article 85 of the EEC Treaty
( IV/30.717-A — Eurocheque : Helsinki Agreement, OJ No               (M OJ No C 351 , 10 . 12 . 1994 .
L 95 , 1992 , p. 50 ), that amount having been set at ECU
2 000 000 by the judgment delivered by the Court of First
Instance on 23 February 1994 in Joined Cases T-39/92 and
T-40/92 Groupement des Cartes Bancaires ' CB' and
Europay International SA v. Commission [ 1994] ECR II,
p . 49, and in which it applied the ECU 2 000 000 paid by the
applicant first against the interest and then against the             JUDGMENT OF THE COURT OF FIRST INSTANCE
principal sum of the fine plus default interest — the Court of                           of 13 September 1995
First Instance ( Fourth Chamber, extended composition ),
composed of K. Lenaerts, President, R. Schintgen, R.                 in Case T-276/94 : Adam Buick v. Commission of the
Garcia-Valdecasas, P. Lindh and J. Azizi, Judges; J. Palacio                           European Communities (')
Gonzalez, Administrator, for the Registrar, has given a              (Officials     —    Leave on personal grounds                  —
judgment on 14 July 1995 , in which it:                                                       Reinstatement)
                                                                                               ( 95/C 268/48 )
1 , dismisses the application;
                                                                                     (Language of the case: French)
2 , orders the applicant to bear the costs.
                                                                     In Case T-276/94 : Adam Buick, an official of the
(') OJ No C 275 , 1 . 10 . 1994 .                                    Commission of the European Communities, currently on
                                                                     leave on personal grounds, resident in London, represented
                                                                     by Jean-Noël Louis, of the Brussels Bar, with an address for
                                                                     service in Luxembourg at the offices of Fiduciaire Myson
                                                                     SARL, 1 rue Glesener, against Commission of the European
                                                                     Communities ( Agent: Ana Maria Alves Vieira ) —
                                                                     application, first, for the annulment of the Commission's
                                                                     decision not to reinstate the applicant to the post at grade
 JUDGMENT OF THE COURT OF FIRST INSTANCE                             A 7/A 4 ( COM/ 1816/93 ) declared vacant in the ' G-24
                                                                     Coordination Unit ' of the Directorate-General for External
                         of 14 July 1995
                                                                     Economic Relations and, secondly, for damages — the
in Case T-291 /94: Zudella Patricia Pimley-Smith v.                  Court of First Instance (Third Chamber ), composed of J.
        Commission of the European Communities ( ] )                 Biancarelli ( President of the Chamber ), C. P. Briët and C. W.
 (Officials — Competitions — Decision of the Selection               Bellamy, Judges; B. Pastor, Administrator, for the Registrar,
Board stating that a candidate has failed the oral tests —           has given a judgment on 13 September 1995 , in which
 Extent of the duty to provide a statement of reasons —              it :
Extent to which the Court may exercise its powers ofreview
 in the absence of any infringement of the procedural                 1 , annuls the Commission's decision not to reinstate the
                               rules)                                     applicant to the post at grade A 7/A 4 (COM/1816/93)
                          ( 95/C 268/47 )                                 declared vacant in the ' G-24 Coordination Unit ' of
                                                                          D G I;
                (Language of the case: French)                       2 , orders the Commission to compensate the applicant for
                                                                          the material damage directly suffered by him as the
                                                                          result of the adoption of the annulled decision;
 In Case T-291 /94 , Zudella Patricia Pimley-Smith, resident in
 Brussels, represented by Georges Vandersanden and Laure              3 , orders the parties to notify to the Court ofFirst Instance,
 Levi, of the Brussels Bar, with an address for service in                within three months from the date of notification of this
 Luxembourg at Fiduciaire Myson SARL, 1 rue Glesener v.                   judgment, the amount of principal and interest to be
 Commission of the European Communities ( Agent:                          paid to the applicant by way of compensation, if such
 Gianluigi Valsesia ) — application for the annulment of the              agreement is reached;
 decision of the Selection Board in Open Competition
 EUR/B/30, notified to the applicant on 29 November 1993 ,            4 , orders the parties, in default of agreement, to present
 not to include her name in the list of successful candidates             submissions to the Court ofFirst Instance, supported by
 and, in so far as necessary, the annulment of the                        figures, within the same period;
 Commission decision of 21 June 1994 rejecting the
 applicant's complaint — the Court of First Instance ( Second         5 , reserves the costs .
 Chamber ), composed of D. P. M. Barrington, acting as
 President, A. Saggio and V. Tiili , Judges; H. Jung, Registrar,
 has given a judgment on 14 July 1995 , in which it:                  (') OJ No C 304 , 29 . 10 . 1994 .
  1 , dismisses the application;