CELEX: C1999/246/53
Language: en
Date: 1999-08-28 00:00:00
Title: Judgment of the Court of First Instance of 11 March 1999 in Case T-257/97: Hans C. Herold v Commission of the European Communities (Official - Partial permanent invalidity - Aggravation of injuries - Action for annulment - Action for damages - Admissibility - Principle of equal treatment - Duty to have regard for the welfare and interests of officials - Lack of diligence)

C 246/26               EN                      Official Journal of the European Communities                                          28.8.1999
1. Dismisses the action as inadmissible;                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
2. Orders the parties to bear their own costs.
                                                                                                    of 11 March 1999
(1) OJ C 54 of 22.2.1997.                                                 in Case T-257/97: Hans C. Herold v Commission of the
                                                                                               European Communities (1)
                                                                          (Official — Partial permanent invalidity — Aggravation of
                                                                          injuries — Action for annulment — Action for damages —
                                                                          Admissibility — Principle of equal treatment — Duty to
                                                                          have regard for the welfare and interests of officials — Lack
                                                                                                       of diligence)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                          (1999/C 246/53)
                          of 4 May 1999
                                                                                              (Language of the case: German)
in Case T-161/97: Massimo Marzola v Commission of the
                   European Communities (1)
                                                                          In Case T-257/97: Hans C. Herold, an official of the Com-
(Officials — Transfer of pension rights — Time-limit for                  mission of the European Communities, represented by Bernd
submitting a request — Acquired knowledge — Admissi-                      Potthast, Hans-Josef Rüber and Albert Potthast, Rechtsanwälte,
bility — Duty to have regard for the welfare and interests of             Cologne, with an address for service in Luxembourg at the
        officials — Provision of a statement of reasons)                  Chambers of Ernest Arendt, 8-10 Rue Mathias Hardt, v
                                                                          Commission of the European Communities (Agents: Christine
                                                                          Berardis-Kayser and Bertrand Wägenbaur) — application, first,
                         (1999/C 246/52)                                  for annulment of the decision of the Commission of 20
                                                                          November 1996 rejecting the applicant’s request for an
                                                                          increase in the capital sum paid by way of compensation for
                    (Language of the case: French)                        partial permanent invalidity and, second, for the payment of
                                                                          damages — the Court of First Instance (Third Chamber),
                                                                          composed of: M. Jaeger, President, and K. Lenaerts and J. Azizi,
In Case T-161/97: Massimo Marzola, an official of the                     Judges; A. Mair, Administrator, for the Registrar, has given a
Commission of the European Communities, residing in Brus-                 judgment on 11 March 1999, in which it:
sels, represented by Jean-Noël Louis and Thierry Demaseure,
of the Brussels Bar, with an address for service in Luxembourg
at the offices of Fiduciaire Myson SARL, 30 Rue de Cessange, v            1. Orders the Commissions to pay to the applicant a sum
Commission of the European Communities (Agents: Gianluigi                      corresponding to the interest accrued on the compensation received
Valsesia and Florence Duvieusart-Clotuche) — application for                   by him on 25 April 1996 (BEF 1 320 157), covering a period
annulment of the Commission’s decision rejecting as out of                     of twenty months, calculated at the rate of 5 % per annum,
time the request submitted by the applicant for the transfer to                together with default interest on that sum, likewise calculated at
the Community scheme of the pension rights acquired by him                     the rate of 5 % per annum, for the period from 25 April 1996
in a private pension scheme in the United States of America                    until actual payment of that sum to the applicant;
— the Court of First Instance (First Chamber), composed of: B.
Vesterdorf, President, and J. Pirrung and M. Vilaras, Judges; H.
Jung, Registrar, has given a judgment on 4 May 1999, in                   2. For the rest, dismisses the application;
which it:
1. Dismisses the application;                                             3. Orders the Commission to bear its own costs and to pay half of
                                                                               the costs of the applicant.
2. Orders the parties to bear their own costs.
                                                                          (1) OJ C 357 of 22.11.1997.
(1) OJ C 228 of 26.7.1997.