CELEX: C1996/233/14
Language: en
Date: 1996-08-10 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 21 June 1996 in Case T-41/95: Andrew Macrae Moat v. Commission of the European Communities (Officials - Action for damages - Implemention of a judgment annulling an appointment - Late completion of staff report)

10 . 8 . 96            EN                    Official Journal of the European Communities                               No C 233/7
                                                       COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 19 June 1996                                                          of 21 June 1996
in Case T-573/93 : Manuel Francisco Caballero Montoya v.                in Case T-226/94: Paul Dischamp SA v. Commission of the
        Commission of the European Communities (')                                        European Communities (')
(Officials — Person treated as a dependent child —                       (Suspension of the buying-in of butter by the intervention
Article 2 (4) of Annex VII to the Staff Regulations —                                 agencies — Action for damages)
General implementing provisions — Unlawfulness —                                                  ( 96/C 233/ 13 )
            Misapplication — Retroactive effect)
                         ( 96/C 233 / 12 )
                                                                                        (Language of the case: French)
               (Language of the case: Spanish)                          In Case T-226/94 : Paul Dischamp SA, established at Sayat
                                                                        ( France ), represented by François Vignancour, of the
                                                                        Clermont-Ferrand Bar, and Louis Schiltz, of the
                                                                        Luxembourg Bar, with an address for service in
In Case T-573/93 : Manuel Francisco Caballero Montoya ,
                                                                        Luxembourg at the latter's Chambers v . Commission of the
an official of the Commission of the European
                                                                        European Communities ( Agent : Gérard Rozet ) —
Communities, represented by Juan Ramon Iturriagagoitia
                                                                        application for compensation for the damage allegedly
Bassas, of the Madrid Bar, with an address for service in
                                                                        suffered by the applicant following suspension of the
Luxembourg at the Chambers of Marc Loesch, 8 Rue Zithe ,                arrangements for the buying-in of butter by the intervention
v . Commission of the European Communities ( Agents : Ana               agencies from 1 1 January 1991 to 26 February 1991 — the
Maria Alves Vieira and Blanca Rodriguez Galindo ) —
                                                                        Court of First Instance ( Fifth Chamber ), composed of: R.
application, primarily, for a declaration that the general              Schintgen , President, R. García-Valdecasas and J. Azizi ,
implementing provisions relating to persons treated as                  Judges; H. Jung, Registrar, has given a judgment on 21 June
dependent children , adopted by the Commission on                       1996 , in which it:
28 September 1989 , in particular Article 6 thereof and the
connected rules , are illegal and, in the alternative, for
annulment      of  the   decision   of     the   Commission    of
                                                                        1 , dismisses the application;
2 September 1993 rejecting the complaint lodged by the
applicant against the decision partially rejecting his request          2 , orders the applicant to pay the costs.
of 3 December 1992 for his two sons, M. J. and J. J. , to be
treated as dependent children — the Court of First Instance             (>) OJ No C 218 , 6 . 8 . 1994 .
( Second Chamber ), composed of: H. Kirschner, President,
and C. W. Bellamy and A. Kalogeropoulos, Judges; H. Jung,
Registrar, has given a judgment on 19 June 1996 , in which
it :
1 , annuls the decision of the Commission of 2 September                 JUDGMENT OF THE COURT OF FIRST INSTANCE
     1993 , notified to the applicant by letter of 6 September                                   of 21 June 1996
     1993 , rejecting his complaint against the decision of
                                                                        in Case T-41 /95 : Andrew Macrae Moat v . Commission of
     12 February 1993 , together with the latter decision ,
     inasmuch as, whilst those decisions acknowledged the                               the European Communities (')
     applicant's entitlement to the allowance for a person              (Officials — Action for damages — Implemention of a
     treated as a dependent child as regards the first of his           judgment annulling an appointment — Late completion of
     two sons, they refused to grant him that allowance in                                          staff report)
     respect of his second son;                                                                   ( 96/C 233/ 14 )
                                                                                       (Language of the case: English)
2 , dismisses the remainder of the action;
                                                                        In Case T-41 /95 : Andrew Macrae Moat, a former official of
3 , orders the Commission to pay the costs.                             the Commission of the European Communities, represented
                                                                        initially by Jacques Verhaegen , of the Brussels Bar, and
                                                                        subsequently by Mark Clough, Barrister, of the Bar of
(') OJ No C 27, 28 . 1 . 1994 .                                         England and Wales, against Commission of the European
                                                                        Communities ( Agents : Thomas F. Cusack and Julian
                                                                        Currall ) — application for compensation for harm allegedly
                                                                        suffered by the applicant as a result of the failure to
                                                                        implement or delay in implementing the judgment of the
 ---pagebreak---  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 :