CELEX: C2000/233/52
Language: en
Date: 2000-08-12 00:00:00
Title: Order of the Court of First Instance of 22 May 2000 in Case T-96/99: Pieter F. Fleurbaay v European Investment Bank (European Investment Bank (EIB) — Actions by members of staff — Measure capable of being contested — Manifest inadmissibility)

C 233/28                 EN                      Official Journal of the European Communities                                        12.8.2000
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                       ORDER OF THE COURT OF FIRST INSTANCE
                          of 16 June 2000                                                             of 22 May 2000
                                                                            in Case T-96/99: Pieter F. Fleurbaay v European Invest-
  in Case T-84/98: C v Council of the European Union (1)                                                ment Bank (1)
(Officials — Action for annulment — Invalidity Committee                    (European Investment Bank (EIB) — Actions by members of
— Retirement — Breach of essential procedural require-                      staff — Measure capable of being contested — Manifest
     ments — Misuse of powers — Non-material damage)                                                   inadmissibility)
                                                                                                      (2000/C 233/52)
                          (2000/C 233/51)
                                                                                                (Language of the case: French)
                    (Language of the case: English)
                                                                            In Case T-96/99: Pieter F. Fleurbaay, a former member of the
In Case T-84/98: C, former official of the Council of the                   staff of the European Investment Bank, residing at Waldbredi-
European Union, residing in Dublin (Ireland), represented by                mus (Luxembourg), represented by E. Boigelot, of the Brussels
Séamus O Tuathail, Barrister of the Bar of Ireland, with an                 Bar, with an address for service in Luxembourg at the
address for service in Luxembourg c/o Michael O’Toole, Irish                Chambers of L. Schiltz, 2 Rue du Fort Rheinsheim, v European
Embassy, 28 Route d’Arlon v Council of the European Union,                  Investment Bank (Agent: L. La Marca) — application for
represented by Colin Robertson and Thérèse Blanchet, Legal                  annulment of the decision taken by the European Investment
Advisers, acting as Agents, with an address for service in                  Bank, in the form of a letter from its President dated
Luxembourg at the office of Alessandro Morbilli, General                    18 February 1999 — the Court (Fourth Chamber), composed
Counsel of the Legal Affairs Directorate in the European                    of: V. Tiili, President, and R.M. Moura Ramos and P. Mengozzi,
Investment Bank, 100 Boulevard Konrad Adenauer — applica-                   Judges; H. Jung, Registrar, made an order on 22 May 2000, the
tion first, for annulment of Council Decision No 677/97 of                  operative part of which is as follows:
11 July 1997 retiring the applicant on grounds of total
permanent invalidity and for an order requiring the Council to              1.    The application is dismissed as manifestly inadmissible;
pay compensation for the material and non-material damage
suffered — the Court (First Chamber), composed of: B. Vester-               2.    The parties are to bear their own costs;
dorf, President, M. Vilaras and N. Forwood, Judges; H. Jung,
                                                                            3.    The Kingdom of the Netherlands is to bear its own costs.
Registrar, has given a judgment on 16 June 2000, in which it:
1.    Annuls Council Decision No 677/97 of 11 July 1997 by                  (1) OJ C 226 of 7.8.1999.
      which it retired the applicant on its own initiative on grounds
      of total permanent invalidity;
2.    Orders the Council to pay the applicant the difference between
      the salary which she received before her retirement and that
      granted to her on the basis of the contested decision, and any
      other amount which the applicant received before her retirement,            ORDER OF THE COURT OF FIRST INSTANCE
      together with interest at an annual rate of 5,5 %;
                                                                                                      of 22 May 2000
3.    Orders the Council to pay the applicant the sum of
      BEF 2 000 000 as compensation for the non-material damage             in Case T-103/99: Associazione delle Cantine Sociali
      caused to her, together with interest at an annual rate of 5,5 %      Venete v European Ombudsman and European Parli-
      until the date of payment;                                                                           ament (1)
4.    Dismisses the remainder of the action;                                (Actions for failure to act — Ombudsman — Inadmissibili-
                                                                                                              ty)
5.    Orders the Council to pay the costs.                                                            (2000/C 233/53)
(1) OJ C 278 of 5.9.1998.
                                                                                                (Language of the case: Italian)
                                                                            In Case T-103/99: Associazione delle Cantine Sociali Venete,
                                                                            established in Padua (Italy), represented by I. Cacciavillani, of
                                                                            the Venice Bar, and A. Cimino, of the Padua Bar, with an