CELEX: C1999/246/51
Language: en
Date: 1999-08-28 00:00:00
Title: Judgment of the Court of First Instance of 19 May 1999 in Case T-214/96 Bernard Connolly v Commission of the European Communities (Officials - Article 90(1) of the Staff Regulations - Action for compensation - Prelitigation procedure contrary to the terms of the Staff Regulations - Admissibility)

28.8.1999                EN                       Official Journal of the European Communities                                     C 246/25
2. The applications in the two actions for career reclassification are       (Italy), Dora Ferriera Acciaieria Srl, established in Bergamo,
     dismissed as inadmissible;                                              Ferriera Lamifer SpA, established in Travagliato (Italy), rep-
                                                                             resented by Carmine Punzi and Filippo Satta, both of the Rome
3. In Case T-112/96, the action is dismissed;                                Bar, with an address for service in Luxembourg at the
                                                                             Chambers of Charles Turk, 13A Avenue Guillaume, Nuova
4. In Case T-115/96, the Commission’s decision of 1 December                 Sidercamuna SpA, established in Berzo Inferiore (Italy), rep-
     1995 is annulled in so far as it rejects the applicant’s alternative    resented by Enrico A. Raffaelli, of the Milan Bar, Ivo Van Bael,
     application that he be granted the benefit of the temporary             of the Brussels Bar and Fabrizio Di Gianni, of the Rome Bar,
     postings system;                                                        with an address for service in Luxembourg at the Chambers of
                                                                             Freddy Brausch, 11 Rue Goethe v Commission of the European
                                                                             Communities (Agents: Paul Nemitz, Enrico Altieri, Laura
5. The Commission is ordered to pay the applicant the monthly                Pignataro and Massimo Moretto) — application for annulment
     payments of differential allowance referred to in Article 7(2) of       of Commission Decision 96/678/ECSC of 30 July 1996
     the Staff Regulations to which he would have been entitled if his       concerning certain aid proposed by Italy as part of a pro-
     application for a temporary posting had been accepted, together         gramme for the restructuring of its private steel industry and
     with interest for delay at the rate of 4.5 % per annum calculated       Commission Decision 97/258/ECSC of 18 December 1996
     from the dates on which those payments should have been made,           concerning aid closures envisaged by Italy as part of the
     as from 30 December 1995 and until full settlement;                     restructuring of its private steel industry (OJ 1996 L 316, p.
                                                                             24 and OJ 1997 L 102, p. 42 respectively) — the Court (Third
6. The remainder of the action in Case T-115/96 is dismissed;                Chamber, Extended Composition), composed of: M. Jaeger,
                                                                             President, and K. Lenaerts, V. Tiili, J. Azizi and P. Mengozzi,
7. In Case T-112/96, each party is ordered to bear its own costs,            Judges; H. Jung, Registrar, has given a judgment on 12 May
     including those relating to the interim proceedings. Union              1999, in which it:
     Syndicale — Brussels is ordered to pay its own costs;
                                                                             1. Dismisses the applications;
8. In Case T-115/96, the Commission is ordered to pay its own
     costs and two-thirds of those incurred by the applicant, who is         2. Orders the applicants to bear their own costs and jointly and
     ordered to pay the remaining third. Union Syndicale — Brussels               severally to pay those of the Commission.
     is ordered to pay its own costs.
                                                                             (1) OJ C 40 of 8.2.1997 and C 199 of 28.6.1997.
(1) OJ C 269 of 14.9.1996 and C 294 of 5.10.1996.
                                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                        of 19 May 1999
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                             in Case T-214/96 Bernard Connolly v Commission of the
                                                                                                 European Communities (1)
                           of 12 May 1999
                                                                             (Officials — Article 90(1) of the Staff Regulations —
in Joined Cases T-164/96, T-165/96, T-166/96, T-167/96,                      Action for compensation — Prelitigation procedure contrary
T-122/97 and T-130/97: Moccia Irme SpA and Others v                              to the terms of the Staff Regulations — Admissibility)
        Commission of the European Communities (1)
                                                                                                        (1999/C 246/51)
(Action for annulment — State aid — ECSC Treaty — Fifth
Steel Aid Code — Requirement of regular production within                                         (Language of the case: French)
   the meaning of Article 4(2) of the Fifth Steel Aid Code)
                                                                             In Case T-214/96 Bernard Connolly, a former official of
                           (1999/C 246/50)                                   Commission of the European Communities, residing at Ever-
                                                                             berg (Belgium), represented by Jacques Sambon and Pierre-Paul
                                                                             Van Gehuchten, of the Brussels Bar, with an address for service
                     (Language of the case: Italian)                         in Luxembourg at the Chambers of Louis Schiltz, 2 Rue du
                                                                             Fort Rheinsheim v Commission of the European Communities
                                                                             (Agents: Gianluigi Valsesia and Julian Currall), application for
In Joined Cases T-164/96, T-165/96, T-166/96, T-167/96,                      compensation for the material and non-material damage which
T-122/97 and T-130/97: Moccia Irme SpA, established in                       the applicant considers himself to have suffered as a result of
Naples (Italy), represented by Emilio Cappelli, Paolo De Caterini            the publication in the press of several pieces of information
and Andrea Bandini, all of the Rome Bar, with an address for                 and statements concerning him, the Court of First Instance
service in Luxembourg at the Chambers of Charles Turk, 13A                   (First Chamber), composed of B. Vesterdorf, President, and J.
Avenue Guillaume, Prolafer, established in Bergamo (Italy),                  Pirrung and M. Vilaras, Judges; H. Jung, Registrar, has given a
Ferriera Acciaieria Casilina SpA, established in Montecompatri               judgment on 19 May 1999 in which it:
 ---pagebreak--- 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.