CELEX: C1999/020/07
Language: en
Date: 1999-01-23 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 19 November 1998 in Case C-316/97 P: European Parliament v. Giuliana Gaspari (Appeal - Officials - Sick leave - Medical certificate - Medical officer's examination - Findings at variance with the medical certificate - Obligation to state reasons - Rights of the defence)

23.1.1999            EN                   Official Journal of the European Communities                                       C 20/5
              JUDGMENT OF THE COURT                                                 JUDGMENT OF THE COURT
                                                                                             (First Chamber)
                       (Fifth Chamber)
                                                                                          of 19 November 1998
                    of 19 November 1998
                                                                     in Case C-316/97 P: European Parliament v. Giuliana
in Case C-235/97: French Republic v. Commission of the                                          Gaspari (1)
                  European Communities (1)                           (Appeal Ð Officials Ð Sick leave Ð Medical certificate Ð
                                                                     Medical officer's examination Ð Findings at variance with
(EAGGF Ð Clearance of accounts Ð 1993 financial year                 the medical certificate Ð Obligation to state reasons Ð
Ð Cereals Ð Export refunds in respect of processed                                        Rights of the defence)
                            cheese)
                                                                                              (1999/C 20/07)
                        (1999/C 20/06)
                                                                                      (Language of the case: French)
               (Language of the case: French)                          (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
                                                                     In Case C-316/97 P: European Parliament (Agents:
                                                                     Manfred Peter and Antonio Caiola) Ð appeal against the
                                                                     judgment of the Court of First Instance of the European
  (Provisional translation; the definitive translation will be       Communities in Case T-36/96 Gaspari v. Parliament
         published in the European Court Reports)                    [1997] ECR-SC II-595, seeking to have that judgment set
                                                                     aside, the other party to the proceedings being: Giuliana
                                                                     Gaspari, an official of the European Parliament,
                                                                     represented by Jean-NoeÈl Louis, Thierry Demaseure,
                                                                     Ariane Tornel and FrancËoise Parmentier, of the Brussels
In Case C-235/97: French Republic (Agent: Kareen                     Bar, with an address for service in Luxembourg at the
Rispal-Bellanger and FreÂdeÂric Pascal) v. Commission of             Offices of Fiduciaire Myson SARL, 30 Rue de Cessange
the European Communities (Agent: Xavier Lewis) Ð                     Ð the Court (First Chamber), composed of: P. Jann,
Application for partial annulment of Commission Decision             President of the Chamber, L. Sevón and M. Wathelet
97/333/EC of 23 April 1997 on the clearance of the                   (Rapporteur),       Judges;    D.    Ruiz-Jarabo      Colomer,
accounts presented by the Member States in respect of the            Advocate-General; H. von Holstein, Deputy Registrar, for
expenditure for 1993 of the Guarantee Section of the                 the Registrar, has given a judgment on 19 November
European Agricultural Guidance and Guarantee Fund                    1998, in which it:
(EAGGF) (OJ L 139, 30.5.1997, p. 30) Ð the Court (Fifth
Chamber), composed of: J.-P. Puissochet, President of the
Chamber, J. C. Moitinho de Almeida, C. Gulmann,                      1. Sets aside the judgment of the Court of First Instance
D. A. O. Edward and M. Wathelet (Rapporteur), Judges;                     of 10 July 1997 in Case T-36/96 Gaspari v. Parliament
S. Alber, Advocate-General; R. Grass, Registrar, has given                to the extent to which it annulled, on the ground of
a judgment on 19 November 1998, in which it:                              breach of the obligation to state reasons and breach of
                                                                          the rights of the defence, the decision of 22 May 1995
                                                                          by which the Parliament treated Mrs Gaspari's
                                                                          absence on 5 May 1995 as irregular and deducted one
                                                                          day from her annual leave and the decision of 9 August
                                                                          1995 by which the Parliament confirmed that
1. Dismisses the application;
                                                                          decision;
                                                                     2. Refers the case back to the Court of First Instance for
                                                                          it to give judgment on the other pleas in law relied on
2. Orders the French Republic to pay the costs.                           by Mrs Gaspari at first instance;
(1) OJ C 252, 16.8.1997.                                             3. Reserves the costs.
                                                                     (1) OJ C 331, 1.11.1997.