CELEX: C1997/252/67
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber) of 11 July 1997 in Case T-29/96: Bernd Schoch v. European Parliament (Officials - Compensation for leave not taken - Sick leave - Notice)

No C 252/30          EN                 Official Journal of the European Communities                                 16 . 8 . 97
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          2 . orders the parties to bear their own costs.
                       of 10 July 1997
                                                                   (') OJ No C 233 , 10 . 8 . 1996 .
in Case T-81/96: Christos Apostolidis and Others v.
       Commission of the European Communities (')
(Officials — Remuneration — Weighting — Measures
taken to comply with a judgment ordering annulment —
Article 176 of the EC Treaty — Fair compensation —                   JUDGMENT OF THE COURT OF FIRST INSTANCE
Legal interest in bringing proceedings — Article 44 (1) (c)
                 of the Rules of Procedure)                                                  of 11 July 1997
                                                                   in Case T-267/94: Oleifici Italiani SpA v. Commission of
                        ( 97/C 252/65 )
                                                                                  the European Communities (')
                                                                   (Modification of the olive oil regime — No transitional
                                                                                  period — Action for damages)
               (Language of the case: French)
                                                                                              ( 97/C 252/66 )
                                                                                   (Language of the case: Italian)
In Case T-81 /96 : Christos Apostolidis, Philippe Arbore,
Patrick Barraux, Wilhelm Bartscher, Erhard Baumgärtner,
Ulrich Benedict, Rutger Beukers, Teresa Blanco Oria,               In Case T-267/94: Oleifici Italiani SpA, established in
Bruno Brandalise, Klaas Buijs, Franco Capone, Bernard              Ostuni ( Italy), represented by Piero A. M. Ferrari and
Chavane de Dalmassy, Jean-Claude Closset, Bert Cremer,             Massimo Merola, of the Rome Bar, and by Antonio
Manfred de Rossi, Geoffroy de Caritat, Peter Erndwein,             Tizzano, of the Naples Bar, with an address for service in
Jean-Louis Finet, Serge Fourcaudot, Claude Fuchs, Bruno            Luxembourg at the Chambers of Alain Lorang, 51 Rue
Giovannone, Karl-Heinz Gruhlke, Günther Guhl,                      Albert l er, against Commission of the European
Hermann Heidebleck, Wilhelm Heinz, Jean-Pol Hiernaut,              Communities (Agents: Eugenio de March and Alberto Dal
Tania Hiernaut, Erwin Hohnhäuser, Wolfgang Huber,                  Ferro ) — application for compensation for the loss
Klaus Kammerichs, Franz Kopp, Gerold Kramer, Patrick               allegedly suffered by the applicant owing to the absence of
Lajarge, Ulrich Lang, Fabrice Lebrun, Sandra Lessmann,             any transitional measure in Commission Regulation ( EEC )
Achim Linder, Mauro Martellenghi, Margit Merten, Erich             No 1429/92 of 26 May 1992 amending Regulation ( EEC )
Mildenberger, Irmgard Neumann-Schölles, Adrian Nicholl,            No 2568/91 on the characteristics of olive oil and olive­
Norbert Nolte, Giorgio Pagliosa, Dirk Pel, Jean-Claude             residue oil and on the relevant methods of analysis ( OJ
Perrier, Gert Rasmussen, Cornelis Rijkeboer, Jürgen                No L 150, 2 . 6 . 1992 , p. 17 ) — the Court of First
Rodegher, Kuno Römer, Eva-Maria Schäfer, Walter                    Instance ( Fifth Chamber), composed of: R. García­
Schmitt, Herbert Schneider, Hans Schneider, Raoul                  Valdecasas, President, J. Azizi and M. Jaeger, Judges; A.
Selfslag, Joseph Somers, Vittorino Tebaldi, Hartmut                Mair, Administrator, for the Registrar, has given a
Thiele, Hans van de Vegt, Jacques van de Laar, Günther             judgment on 11 July 1997, in which it:
Waigel, Clive Walker, Ludwig Westenfelder, Hans
Winkelmann and Walter Ziehl, officials and temporary               1 . dismisses the application;
agents of the Commission of the European Communities,
employed in the European Institute for Transuranic                 2 . orders the applicant to pay the costs.
Elements, Karlsruhe ( Germany), represented by Jean-Noel
Louis, Thierry Demaseure and Ariane Tornel, of the
                                                                   (!) OJ No C 275 , 1 . 10 . 1994 .
Brussels Bar, with an address for service in Luxembourg at
the offices of Fiduciaire Myson Sari, 30 Rue de Cessange,
v. Commission of the European Communities ( Agents :
Gianluigi Valsesia and Julian Currall ), supported by
Council of the European Union (Agent: Diego Canga
Fano ) — application, first, for annulment of the decision
taken against them by the Commission, rejecting the                  JUDGMENT OF THE COURT OF FIRST INSTANCE
applicants ' request for the drawing-up of their pay slips                                   (Fifth Chamber)
for January 1992 in compliance with the judgment of the
Court of First Instance of 27 October 1994 in Case T-64/                                     of 11 July 1997
92 Chavanne de Dalmassy and Others v. Commission                   in Case T-29/96: Bernd Schoch v. European Parliament ( ] )
[ 1994] ECR-SC 11-723 and, second, for compensation for
the non-material damage suffered — the Court of First              (Officials — Compensation for leave not taken — Sick
Instance (Third Chamber ), composed of: B. Vesterdorf,                                       leave — Notice)
President, C. P. Briet and A. Potocki, Judges; A. Mair,                                       ( 97/C 252/67 )
Administrator, for the Registrar, has given a judgment on
10 July 1997, in which it:                                                        (Language of the case: French)
                                                                   In Case T-29/96 : Bend Schoch, a former member of the
1 . dismisses the application;                                     temporary staff of the Liberal Democratic and Reformist
 ---pagebreak--- 16 . 8 . 97             EN                Official Journal of the European Communities                                No C 252/31
Group of the European Parliament, residing at                        Lorenz) — application for annulment of the decision of
Gottmadingen ( Germany ), represented by Lucas Vogel and             the Parliament of 28 November 1995 rejecting a request
Gisele Stépanian, both of the Brussels Bar, and, at the              by the applicant for the assignment to her of non-active
hearing, by Beatrice Gribomont, of the Brussels Bar, with            status within the meaning of Article 41 of the Staff
an address for service in Luxembourg at the chambers of              Regulations of officials of the European Communities —
Christian Kremer, 8—10 Rue Mathias Hardt, against the                the Court of First Instance ( Fifth Chamber), composed of:
European Parliament ( Agents: Manfred Peter and Arnaldo              R. García-Valdecasas, President, J. Azizi and M. Jaeger,
Pinto ) — application for the annulment of the decision of           Judges; H. Jung, Registrar, has given a judgment on 11 July
the European Parliament refusing to pay the applicant Bfrs           1997, in which it:
124 120 by way of compensation for 19,5 days of leave
allegedly not taken at the time of his departure, following
the termination of his contract as a member of the                   1 . dismisses the application;
temporary staff — the Court of First Instance ( Fifth
Chamber), composed of R. García-Valdecasas, President                2 . orders the parties to bear their own costs.
of the Chamber, J. Azizi and M. Jaeger, Judges; A. Mair,
Administrator, for the Registrar, has given a judgment on
                                                                     (') OJ No C 294, 5 . 10 . 1996 .
11 July 1997, in which it:
1 . annuls the Parliament's decision of 26 February 1996
     in so far as it considers that the applicant's absence
     during the period between 14 and 23 September 1994
     was unauthorized;
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                              of 14 July 1997
2 . orders the Parliament to pay Mr Schoch compensation
     corresponding to nine days of leave not taken, the                      in Case T- 123/95 : B v. European Parliament (^
     amount to be determined in accordance with the
                                                                     (Temporary staff — Engagement on the basis of
     second paragraph of Article 4 of Annex V to the Staff           Article 2 (b) of the Conditions of Employment of other
     Regulations. Interest on arrears is to be paid in respect       servants of the European Communities — Termination of
     of that sum at the rate of 8% per annum as from                 employment pursuant to Article 47 (2) (a) of the
     8 March 1 996 until the date of actual payment;                 Conditions of Employment of other servants — Breach of
                                                                     essential procedural requirements — Compliance with a
3 . dismisses the remainder of the application;                      properly introduced internal procedure — Statement of
                                                                          reasons for the decision terminating the employment)
                                                                                               ( 97/C 252/69 )
4 . orders the parties to bear their own costs.
(') OJ No C 133 , 4 . 5 . 1996 .
                                                                                      (Language of the case: Italian)
                                                                     In Case T-123/95 : B, a former member of the temporary
                                                                     staff of the European Parliament, residing at Messina
                                                                     ( Italy), represented by Jean Noel Louis, of the Brussels
                                                                     Bar, and Alberto Panuccio, of the Reggio di Calabria Bar,
                                                                     with an address for service in Luxembourg at the offices
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            of Fiduciaire Myson Sari, 30 Rue de Cessange, v.
                          of 11 July 1997                            European Parliament ( Agents : Manfred Peter and Antonio
                                                                     Caiola ) — application for annulment of the decision
in Case T-108/96:           Mireille Cesarotto v.    European        terminating the applicant's contract of employment and
                           Parliament (M
                                                                     for compensation for the various types of damage
(Officials — Article 41 of the Staff Regulations — Action            allegedly suffered by him as a result of such termination
for annulment of a decision rejecting a request for                  — the Court of First Instance ( First Chamber ), composed
               assignment of non-active status)                      of: A. Saggio, President, and V. Tiili and R. M. Moura­
                                                                     Ramos, Judges; A. Mair, Administrator, for the Registrar,
                            97/C 252/68 )                            has given a judgment on 14 July 1997, in which it:
                (Language of the case: French)                       1 . dismisses the action;
In Case T-108/96 : Mireille Cesaratto, an official of the            2 . orders the Parliament to pay the costs.
European Parliament, residing in Luxembourg, represented
by Gaston Vogel and Ferdinand Burg, of the Luxembourg                (') OJ No C 229, 2 . 9 . 1995 .
Bar, with an address for service in Luxembourg at the
Chambers of Gaston Vogel, 42 Boulevard Joseph II, v.
European Parliament ( Agents: Manfred Peter and Norbert