CELEX: C1996/354/61
Language: en
Date: 1996-11-23 00:00:00
Title: Action brought on 20 September 1996 by Ernesto Brognieri against the Commission of the European Communities (Case T-148/96)

23 . 11 . 96          EN                   Official Journal of the European Communities                                 No C 354/31
The applicant maintains, in any event, that, at the time of his       22 February 1993 , despite the declaration of annulment in
recruitment, he possessed exceptional qualifications                  the abovementioned judgment.
justifying, in accordance with the judgment in Alexopoulou,
recruitment to a higher grade within the career bracket.              In support of his claims, he alleges breach of Articles 26 and
                                                                      35 of the Staff Regulations and of Articles 176 and 179 of
                                                                      the Treaty of Rome, and of general principles of law, such as
                                                                      that conferring the authority of res judicata on a final
                                                                      decision against which no appeal lies . In his view, in
                                                                      confirming a decision which had been annulled and by
                                                                      taking no notice of the conditions for complying with the
Action brought on 20 September 1996 by Ernesto Brognieri              judgment and the consequences necessarily entailed, the
  against the Commission of the European Communities                  contested decision did not comply with the operative part of
                         Case T-148/96 )                              the judgment of 8 June 1995 in Case T-583/93 P v. the
                                                                      Commission of the European Communities .
                          ( 96/C 354/61 )
                                                                      In that respect, the applicant considers that the appointing
                (Language of the case: French)                        authority did not take the contested decision in the interests
                                                                      of the service or its organization , but misused its powers in
                                                                      order to inflict a disguised disciplinary penalty on the
An action against the Commission of the European                      applicant.
Communities was brought before the Court of Justice of the
European Communities on 20 September 1996 by Ernesto
Brognieri, residing at Barasso ( Italy ), represented by Eric         His final allegation against the defendant is that his personal
Boigelot, of the Brussels Bar, with an address for service in         file does not contain all the documents concerning his
Luxembourg at the chambers of Louis Schiltz, 2 Rue du Fort            administrative status, since material used by the
Rheinsheim .                                                          Commission to support its case has neither been
                                                                      communicated to the applicant nor included in his personal
                                                                      file, which demonstrates the existence of a parallel file .
The applicant claims that the Court should :
— annul the decision of 28 November 1995 in which the
    appointing authority informed the applicant that it
    confirmed the decision of 22 February 1993
    withdrawing him from shift-work in the fire service and
    that he could not be reinstated in the fire station , even to     Action brought on 24 September 1996 by Austin Rowan
    work days,                                                          against the Commission of the European Communities
                                                                                              ( Case T-l 50/96
— order the defendant to pay the applicant the sum of Lit                                       ( 96/C 354/62 )
    2 000 000 by way of compensation for non-material
    damage , together with interest at the rate prescribed by
    law of 8 % as from the date of the decision to be given                           (Language of the case: French)
    until full payment is made,
                                                                     An action against the Commission of the European
— order the defendant to pay to the applicant damages and             Communities was brought before the Court of First
    interest corresponding to the sums which he ought to              Instance of the European Communities on 24 September
    have    received  as     shift work   allowance    as   from
                                                                      1 996 by Austin Rowan, residing at Overijse , represented by
    28 November 1995 , the date of the contested decision ,          Marc-Albert Lucas , of the Liege Bar, with an address for
    until a valid and lawful decision regularizing his                service in Luxembourg at the chambers of Evelyne Korn,
    administrative situation is adopted, together with               21 Rue Nassau .
    default interest at the rate of 8 % per annum to run from
    22 February 1996 , the date on which the applicant
    lodged his complaint,                                            The applicant claims that the Court should :
— order the defendant to pay the costs .                             — annul the Commission 's decision of 25 October 1995
                                                                           inasmuch as it classifies him in Grade B 5 and, in so far as
                                                                           necessary, the Commission 's decision of 19 June 1996
Pleas in law and main arguments adduced in support:                        rejecting his complaint of 20 February 1996 ,
The applicant, who is employed by the defendant as a                 — order the defendant to pay the costs .
fireman at the Ispra Centre, is the same as in Case T-583/93 ,
which was settled by judgment of 8 June 1995 annulling the
decision of the appointing authority of 22 February 1993 ,            Pleas in law and main arguments adduced in support:
by which the applicant had been excluded from shift work in
the fire-fighting service . This action challenges the decision      The applicant, an official in Grade B 4 at the Commission,
of the defendant institution confirming the decision of              challenges the refusal of the appointing authority to review