CELEX: C1996/016/26
Language: en
Date: 1996-01-20 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 30 November 1995 in Case T-507/93: Paulo Branco v. Court of Auditors of the European Communities (Officials - List of officials eligible for promotion - Transfer to another institution - Act adversely affecting an official - Legal interest in bringing proceedings - Claim for damages - Inadmissible)

No C 16/ 12            EN               Official Journal of the European Communities                                        20 . 1 . 96
2 , orders the parties to bear their own costs.                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        of 7 December 1995
f 1 ) OJ No C 90, 26 . 3 . 1994 .                                  in Joined Cases T-544/93 and T-566/93 : Giovanni Battista
                                                                   Abello and Others and Gerhard Riesch v. Commission of
                                                                                   the European Communities f 1 )
                                                                   (Officials — Pay slips — Weightings — Council Regulations
                                                                   (EEC/Euratom/ECSC) No 3761/92, (EEC/Euratom/ECSC)
                                                                   No 3765/92 and (EEC/Euratom/ECSC) No 3766/92 —
                                                                                        Objection of illegality)
                                                                                              ( 96/C 16/27)
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                   (Language of the case: Italian)
                    of 30 November 1995
in Case T-507/93 : Paulo Branco v. Court of Auditors of the        In Joined Cases T-544/93 and T-566/93 : Giovanni Battista
                  European Communities (*)                         Abello and the other officials and servants of the
(Officials — List of officials eligible for promotion —            Commission of the European Communities listed in the
 Transfer to another institution — Act adversely affecting an      Annex to the judgment, and Gerhard Riesch, an official of
official — Legal interest in bringing proceedings — Claim          the Commission of the European Communities, represented
                 for damages — Inadmissible)                       by Michele Tamburini and Franco Colussi, of the Milan Bar,
                            96/C 16/26
                                                                   with an address for service in Luxembourg at 36 rue de
                                                                   Wiltz, v. Commission of the European Communities
                                                                   ( Agent: Gianluigi Valsesia ), supported by the Council of the
                                                                   European Union ( Agent: Anna Lo Monaco ) — application,
             (Language of the case: Portuguese)                    first, for the annulment of the applicants' pay slips for
                                                                   December 1992 and January 1993 , inasmuch as they were
                                                                   drawn up in accordance with the weightings resulting
In Case T-507/93 : Paulo Branco, an official of the                from the application of Council Regulations
Commission of the European Communities, formerly an                ( EEC/Euratom/ECSC ) No 3761 /92, ( EEC/Euratom/ECSC )
official of the Court of Auditors of the European                  No 3765/92 and ( EEC/Euratom/ECSC ) No 3766/92 ( OJ No
Communities, residing in Brussels, represented initially by        L 383 , pp . 1 , 9 and 11 ), and, by way of objection, a
Dieter Grozinger de Rosnay and David M. Travessa                   declaration that the Regulations in question are illegal, and,
Mendes, and subsequently by Raoul Wagener and David M.             second, for compensation for the damage allegedly suffered
Travessa Mendes, of the Luxembourg Bar, with an address            by the applicants as a result of the application of the
for service in Luxembourg at the latter's Chambers, 6-12           contested weightings — the Court of First Instance ( Fourth
Place d'Armes, v. Court of Auditors of the European                Chamber), composed of: K. Lenaerts, President, and R.
Communities (Agents : initially Jean-Marie Steiner and Jan         Schintgen and R. Garria-Valdecasas, Judges; H. Jung,
Inghelram and subsequently Jan Inghelram and Isabel Jalles )       Registrar, gave a judgment on 7 December 1995 , in
— application, first, for the annulment of the promotion           which it :
procedure of the Court of Auditors for 1993 , inasmuch as
the applicant was excluded therefrom, and, second, for
compensation for the non-material damage allegedly                 1 , dismisses the application;
suffered by the applicant as a result of breaches of duty
allegedly committed by the administration of the defendant         2 , orders the parties to bear their own costs.
institution in the context of the promotion procedures for
1992 and 1993 — the Court of First Instance ( First                (!) OJ No C 325 , 9 . 12 . 1993 and OJ No C 1 , 4 . 1 . 1994 .
Chamber ), composed of: H. Kirschner, acting for the
President, and A. Kalogeropoulos and V. Tiili, Judges;
J. Palacio Gonzalez, Registrar, gave a judgment on
30 November 1 995 , in which it:
                                                                       ORDER OF THE COURT OF FIRST INSTANCE
1 , dismisses the application as inadmissible;                                         of 10 November 1995
                                                                   in Case T-554/93 : A. T. E. Saint, C. Murray and M. Craig v.
                                                                   Council of the European Union and Commission of the
2 , orders the parties to bear their own costs, including the                         European Communities ( x )
      costs relating to the proceedings for interim
      measures .
                                                                                     (Removal from the register)
                                                                                              ( 96/C 16/28 )
(!) OJ No C 282 , 20 . 10 . 1993 .                                                (Language of the case: English)
                                                                   In Case T-554/93 : A. T. E. Saint, C. Murray and M. Craig
                                                                   (United Kingdom and Ireland ), represented by E. H.