CELEX: C1997/054/28
Language: en
Date: 1997-02-22 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 December 1996 in Case T-99/95: Peter Esmond Stott v. Commission of the European Communities (JET Joint Undertaking - Person claiming the status of a member of the temporary staff)

No C 54/ 18            EN                  Official Journal of the European Communities                                      22 . 2 . 97
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 12 December 1996                                                    of 12 December 1996
                                                                         in Case T-74/95 : Viriato Monteiro da Silva v. Commission
 in    Case    T-33/95 :   Maria     Lidia  Lozano    Palacios  v.
                                                                                       of the European Communities (')
         Commission of the European Communities (')
                                                                          (Officials — Former national expert on secondment —
  (Officials — Former national expert on secondment —                    Daily subsistence allowance — Installation allowance —
 Daily subsistence allowance — Installation allowance —                                        Place of recruitment)
  Reimbursement of removal expenses — Place of                                                       ( 97/C 54/27 )
                              recruitment)
                                                                                         (Language of the case: French)
                             ( 97/C 54/26 )
                                                                         In Case T-74/95 : Viriato Monteiro da Silva, an official of
                                                                         the Commission of the European Communities, residing in­
                  (Language of the case: French)                         Brussels, represented by Thierry Demaseure and Ariane
                                                                         Tornel , of the Brussels Bar, and, in the oral procedure, by
                                                                        Jean-Noel Louis, of the Brussels Bar, with an address for
                                                                         service in Luxembourg at the offices of Fiduciaire Myson
 In Case T-33/95 : Maria Lidia Lozano Palacios, an official              Sari , 1 rue Glesener, v. Commission of the European
 of the Commission of the European Communities, residing                 Communities ( Agents : Julian Currall and Denis
 in Brussels, represented by Jean-Noel Louis, of the                    Waelbroeck ) — application for annulment of the decision
 Brussels Bar, with an address for service in Luxembourg at              of the Commission of 6 April 1994 fixing Brussels as the
 the offices of Fiduciaire Myson Sari , 1 rue Glesener, v.              applicant's place of recruitment and refusing to grant him
 Commission of the European Communities ( Agents : Julian               the installation allowance and daily subsistence allowance
 Currall and Denis Waelbroeck ) — application, first, for               — the Court of First Instance ( Second Chamber),
 annulment of the decision of the Commission of 12 April                composed of: H. Kirschner, President, and C. W. Bellamy
 1994 fixing Brussels as the applicant's place of                       and A. Kalogeropoulos, Judges; B. Pastor, Principal
 recruitment and refusing to grant her the installation                 Administrator, for the Registrar, has given a judgment on
 allowance , to reimburse her removal expenses and to pay                12 December 1996 , in which it:
 the daily subsistence allowance and, second, for an order
 requiring the Commission to make those payments — the                   1 . Annuls the Commission s decision of 6 April 1994
 Court of First Instance ( Second Chamber ), composed of:                     inasmuch as it fixes Brussels as the applicant 's place of
H. Kirschner, President, and C. W. Bellamy and A.                             recruitment and refuses to grant him the installation
 Kalogeropoulos, Judges; B. Pastor, Principal Administrator,                  allowance provided for by Article 5 (1 ) of Annex VII
 for the Registrar, has given a judgment on 12 December                       to the Staff Regulations and the daily subsistence
 1996 , in which it:                                                          allowance provided for by Article 10 (1 ) of that
                                                                              Annex .
                                                                       2 . Orders the Commission to pay the costs.
 1 . Annuls the Commission 's decision of 12 April 1994,
                                                                        (') OJ No C 101 , 22 . 4 . 1995 .
      inasmuch as it refuses to grant the applicant the
      installation allowance provided for by Article 5 ( 1 ) of
      Annex VII to the Staff Regulations.
                                                                           JUDGMENT OF THE COURT OF FIRST INSTANCE
2 . Orders the Commission to pay the said allowance to                                       of 12 December 1996
      the applicant, together with default interest at the rate        in Case T-99/95 : Peter Esmond Stott v. Commission of the
      of 8% per annum from the date when it became                                         European Communities (')
      payable, in accordance with Annex VII to the Staff
      Regulations.                                                      (JET Joint Undertaking — Person claiming the status of a
                                                                                        member of the temporary staff)
                                                                                                    ( 97/C 54/28 )
3 . Dismisses the remainder of the action.                                              (Language of the case: English)
                                                                       In Case T-99/95 : Peter Esmond Stott, represented by
                                                                       Kenneth Parker QC and Rhodri Thompson, Barrister, of
4.    Orders the Commission to bear its own costs and to               the Bar of England and Wales, having an address for
     pay one third of the applicant 's costs. The applicant is         service in Luxembourg at the Chambers of Messrs
      ordered to bear two thirds of her own costs.                     Elvinger and Hoss, 15 Cote d'Eich, against Commission
                                                                       of the European Communities ( Agents : Hans Gerald
                                                                       Grassland and Julian Currall ) — application for
(') OJ No C 101 , 22 . 4 . 1995 .
                                                                       annulment of the decision of 28 September 1994 by which
                                                                       the Commission rejected the applicant's complaint against
                                                                       a decision of the Director of JET of 13 June 1994 refusing
 ---pagebreak---  22 . 2 . 97    •     HEN                   Official Journal of the European Communities                                No C 54/ 19
 to appoint him as a member of the Commission 's                             his removal expenses as provided for by Article 9 (1 )
 temporary staff, and for reparation of the damage suffered                  of that Annex.
 as a result of that decision — the Court of First Instance
 ( Second Chamber ), composed of H. Kirschner, President,               3 . Orders the Commission to pay the costs.
 C. W. Bellamy and A. Kalogeropoulos, Judges; B. Pastor,
 Principal Administrator, for the Registrar, gave a judgment            (') OJ No C 208 , 12 . 8 . 1995 .
 on 12 December 1996 , in which it:
 1.   Annuls the Commission 's decision not to recruit the
      applicant to a post on the temporary staff of the
      Community under Article 8.5 of the JET Statutes,
      communicated to him by letter of the Director of JET                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                             of 12 December 1996
      dated 13 June 1994, and the Commission 's decision of
      28 December 1994 rejecting the applicant 's complaint            in Case T-137/95 : Paolo Mozzaglia v. Commission of the
      against the decision first mentioned.                                               European Communities (')
                                                                        (Officials — Former national expert on secondment —
 2 . Dismisses the remainder of the application.
                                                                       Daily subsistence allowance — Installation allowance —
                                                                       Place of recruitment — Reimbursement of travel expenses
 3 . Orders the defendant to bear its own costs and to pay
                                                                                        on taking up an appointment)
      those of the applicant.
                                                                                                    ( 97/C 54/30 )
 (') OJ No C 286 , 28 . 10 . 1995 .
                                                                                        (Language of the case: Italian)
                                                                       In Case T-137/95 : Paolo Mozzaglia, an official of the
                                                                       Commission of the European Communities, residing in
                                                                       Brussels, represented by Giuseppe Marchesini , advocate
                                                                       with a right of audience before the Italian Court of
   JUDGMENT OF THE COURT OF FIRST INSTANCE                             Cassation, with an address for service in Luxembourg at
                      of 12 December 1996                              the Chambers of Ernest Arendt, 8— 10 rue Mathias Hardt,
in Case T-132/95 : Peter Gammeltoft v. Commission of the               v. Commission of the European Communities ( Agents :
                    European Communities (')                          Julian Currall , Ana Maria Alves Vieira and Alberto Dal
                                                                       Ferro and, in the oral procedure , Denis Waelbroeck ) —
 (Members of the temporary staff — Former national                     application for annulment of the decision of the
expert on secondment — Former member of the auxiliary                  Commission of 1 September 1994 refusing to grant the
staff — Installation          allowance — Reimbursement of
                                                                       applicant the installation allowance , to reimburse his
                        removal expenses)                              travel expenses on his taking up his appointment and to
                             ( 97/C 54/29 )                            pay the daily subsistence allowance — the Court of First
                                                                       Instance ( Second Chamber ), composed of: H. Kirschner,
                  (Language of the case: French)                       President, and C. W. Bellamy and A. Kalogeropoulos,
                                                                      Judges; B. Pastor, Principal Administrator, for the
In Case T-132/95 : Peter Gammeltoft, a member of the                   Registrar, has given a judgment on 12 December 1996, in
temporary staff of the Commission of the European                     which it :
Communities, residing in Brussels, represented by Jean­
Noel Louis, Thierry Demaseure and Ariane Tornel, of the                1 . Annuls the Commission 's decision of 1 September
Brussels Bar, with an address for service in Luxembourg at                  1994, inasmuch as it refuses to grant the applicant the
the offices of Fiduciaire Myson Sari , 1 rue Glesener, v.                   installation allowance provided for by the first
Commission of the European Communities ( Agents: Julian                     subparagraph of Article 5 (1 ) of Annex VII to the
Currall and Denis Waelbroeck ) — application, in                            Staff Regulations, to reimburse his travel expenses on
particular, for annulment of the decision of the                            his taking up his appointment, as provided for by
Commission of 15 September 1994 refusing to grant the                       Article 7 (1 ) (a) of that Annex, and to pay the daily
applicant the installation allowance and to reimburse his                   subsistence allowance provided for by Article 10 ( 1 )
removal expenses — the Court of First Instance ( Second                     thereof.
Chamber ), composed of: H. Kirschner, President, and
C. W. Bellamy and A. Kalogeropoulos, Judges; B. Pastor,               2 . Orders the Commission to pay the applicant the
                                                                            installation allowance, the travel expenses incurred on
Principal Administrator, for the Registrar, has given a
judgment on 12 December 1996, in which it :                                 his taking up his appointment and the daily
                                                                            subsistence allowance, together with interest at 8%
1 . Dismisses the action as inadmissible, inasmuch as it
                                                                            per annum from the dates when those sums became
                                                                            respectively payable, in accordance with Annex VII to
     seeks payment of the daily subsistence allowance and
                                                                            the Staff Regulations.
     reimbursement of travel costs.
                                                                      3 . Orders the Commission to pay the costs.
2 . Annuls the Commission 's decision of IS September
     1994 inasmuch as it refuses to grant the applicant the           (') OJ No C 229 , 2 . 9 . 1995 .
     installation allowance provided for by Article 5 (1 ) of
     Annex VII to the Staff Regulations and to reimburse