CELEX: C1999/299/08
Language: en
Date: 1999-10-16 00:00:00
Title: Case C-259/99 P: Appeal brought on 12 July 1999 by Karola Gluiber against the order made on 5 May 1999 by the First Chamber of the Court of First Instance of the European Communities in Case T-190/98 Karola Gluiber versus Council of the European Union and Commission of the European Communities

C 299/8               EN                    Official Journal of the European Communities                                  16.10.1999
Appeal brought on 12 July 1999 by Karola Gluiber against               Appeal brought on 20 July 1999 by Mr B. Connolly
the order made on 5 May 1999 by the First Chamber of                   against the judgment delivered on 19 May 1999 by the
the Court of First Instance of the European Communities                First Chamber of the Court of First Instance of the
in Case T-190/98 Karola Gluiber versus Council of the                  European Communities in Joined Cases T-34/96 and
European Union and Commission of the European Com-                     T-163/96 between Mr Connolly and the Commission of
                            munities                                                     the European Communities
                       (Case C-259/99 P)
                                                                                              (Case C-274/99 P)
                        (1999/C 299/08)
An appeal against the order made on 5 May 1999 by the First                                    (1999/C 299/09)
Chamber of the Court of First Instance of the European
Communities in Case T-190/98 Karola Gluiber versus Council
of the European Union and Commission of the European                   An appeal against the judgment delivered on 19 May 1999 by
Communities was brought before the Court of Justice of the             the First Chamber of the Court of First Instance of the
European Communities on 12 July 1999 by Karola Gluiber,                European Communities in Joined Cases T-34/96 and T-163/96
represented by Jean-Claude Schöninger, Rechtsanwalt, of                between Mr B. Connolly and the Commission of the European
Mühlgasse 6, D-77933 Lahr.                                             Communities was brought before the Court of Justice of the
                                                                       European Communities on 20 July 1999 by Mr Connolly,
The appellant claims that the Court should:                            represented by Jacques Sambon and Pierre-Paul van Gehuch-
                                                                       ten, both of the Brussels Bar, with an address for service in
(1) set aside the order made by the Court of First Instance of         Luxembourg at the Chambers of Louis Schiltz, 2 rue du Fort
    the European Communities on 5 May 1999 in Case                     Rheinsheim.
    T-190/98;
(2) order the respondent to pay the appellant compensation             The appellant claims that the Court should:
    in the sum of DM 25 700 .32 for the costs incurred by her
    in unsuccessful legal proceedings before the German courts
    and the Court of Justice;
                                                                       Set aside the judgment of the Court of First Instance of the
(3) order the respondents to pay the appellant damages in              European Communities of 19 May 1999 in Joined Cases
    respect of non-contractual liability;                              T-34/96 and T-163/96
(4) order the respondent to pay the costs of the present
    proceedings;
                                                                       and uphold the actions by the applicant in which he sought:
(5) declare that the Community is required to pay compen-
    sation, even in the future, for the damage caused by illegal
    acts perpetrated hitherto;                                         — annulment in so far as necessary of the opinion of the
                                                                           Disciplinary Board of 7 December 1995, notified on
(6) alternatively, stay the proceedings pursuant to Article                15 December, recommending that the applicant be penal-
    82a(1)(b) of the Rules of Procedure of the Court of Justice            ised by removal from his post without reduction or
    in order to enable a preliminary ruling to be obtained from            withdrawal of pension rights;
    the European Court of Human Rights concerning the
    finding that the incomplete transposition into German law
    of Council Directive 76/207/EEC infringes, as regards the          — annulment of the Commission’s decision of 16 January
    appellant;                                                             1996 imposing upon the applicant the penalty of removal
                                                                           from his post without reduction or withdrawal of pension
    (a) Article 6 of the European Convention on Human                      rights;
         Rights (‘ECHR’);
    (b) Article 11 of the ECHR;                                        — annulment of the express rejection of 12 July 1996,
                                                                           notified to the applicant by letter of 18 July 1996, of his
    (c) Article 14 of the ECHR; and                                        pre-litigation action of 7 March 1996 against the opinion
                                                                           of the Disciplinary Board and the decision of the Com-
    (d) Article 50 of the ECHR.                                            mission referred to above;
Pleas in law and main arguments                                        — an order that the Commission pay him, subject to increase
— failure to observe the appellant’s right to     a fair hearing,          or decrease in the course of the proceedings, the sum of
    since the application was dismissed           as manifestly            FB 7 500 000 for material damage and the sum of FB
    unfounded pursuant to Article 111 of           the Rules of            1 500 000 for non material damage by way of compen-
    Procedure of the Court of First Instance      without being            sation for the damage suffered by reason of the illegalities
    served on the respondents;                                             and irregularities complained of.
— infringement of substantive law.
                                                                       And order the Commission to pay the whole of the costs of
                                                                       the two sets of proceedings.