CELEX: C1996/210/38
Language: en
Date: 1996-07-20 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 June 1996 in Case T-293/94: Juana de la Cruz Vela Palacios v. Economic and Social Committee of the European Communities (Officials - Admissibility - Act adversely affecting an official - Interim appraisal note - Duty to act in good faith - Disciplinary measure)

20 . 7 . 96            EN                  Official Journal of the European Communities                               No C 210/ 15
 JUDGMENT OF THE COURT OF FIRST INSTANCE                              Communities, residing in Brussels, represented by Eric
                        of 18 June 1996                               Boigelot, of the Brussels Bar, with an address for service in
                                                                      Luxembourg at the Chambers of Louis Schiltz, 2 rue du Fort
in Case T-150/94: Juana de la Cruz Vela Palacios v.                   Rheinsheim, v . Economic and Social Committee of the
Economic and Social Committee of the European                         European Communities ( Agents : Moises Bermejo Garde
                        Communities ( 1 )                             and Denis Waelbroeck ) — application for annulment of the
(Officials — Actions for annulment of measures and                    decisions of the Secretary-General of the Economic and
compensation — Admissibility — Submission of a                        Social Committee of 6 December 1993 and 22 June 1994
complaint by fax — Staff report — Delay — Statement of                imposing on the applicant the disciplinary measure of a
reasons for the award ofpoorer marks than in the previous             reprimand and rejecting the complaint lodged against that
             staff report — Non-material damage)                      measure, and for annulment or withdrawal of the appraisal
                          ( 96/C 210/37 )                             report of 5 July 1993 drawn up by the applicant's former
                                                                      superior — the Court of First Instance ( First Chamber ),
                 (Language of tbe case: French)                       composed of: A. Saggio, President, V. Tiili and R. M. Moura
In Case T-150/94 : Juana de la Cruz Vela Palacios, an official        Ramos, Judges; B. Pastor, Principal Administrator, for the
of the Economic and Social Committee of the European                  Registrar, has given a judgment on 18 June 1996 , in which
                                                                      it :
Communities, residing in Brussels, represented by Eric
Boigelot, of the Brussels Bar, with an address for service in
Luxembourg at the Chambers of Louis Schiltz, 2 rue du Fort            1 , annuls the decision of the Economic and Social
Rheinsheim, v. Economic and Social Committee of the                        Committee of 6 December 1993 imposing on the
European Communities ( Agents : Moises Bermejo Garde                       applicant the disciplinary measure of a reprimand and
and Denis Waelbroeck ) — application for annulment, first,                 the decision of the Economic and Social Committee of
of the decision of the Economic and Social Committee of                    22 June 1 994 rejecting the applicant's complaint against
18 June 1993 concerning the drawing-up of the applicant's                  the decision of 6 December 1993 ;
staff reports for the periods from 1 December 1986 to
31 August 1988 and from 1 September 1988 to 31 August                 2 , dismisses the remainder of the action;
 1990 and, second , of the decision of 13 January 1994
rejecting the complaint against those reports, and for                3 , orders the Economic and Social Committee to pay all
                                                                           the costs .
compensation for the damage allegedly suffered by the
applicant as a result of breaches of duty allegedly committed
by the administration in relation to the applicant — the              (') OJ No C 316 , 12 . 11 . 1994 .
Court of First Instance ( First Chamber ), composed of: A.
Saggio, President, V. Tiili and R. M. Moura Ramos, Judges;
B. Pastor, Principal Administrator, for the Registrar, has
given a judgment on 18 June 1996 , in which it :
                                                                           ORDER OF THE COURT OF FIRST INSTANCE
 1 , orders the Economic and Social Committee to pay the
                                                                                             of 27 March 1996
     applicant a sum corresponding to BFR 50 000 by way of
     compensation for the non-material damage suffered by             in Joined Cases T-530/93 and others: R. Bathoorn and 213
     her;                                                             Others v. Council of the European Union and Commission
                                                                                     of the European Communities ( ! )
2 , dismisses the remainder of the action ;
                                                                                    (Partial removal from the register)
3,   orders the Economic and Social Committee to bear its
                                                                                                ( 96/C 210/39 )
     own costs and to pay one half of the costs of the
     applicant, who is ordered to bear one half of her own
     costs .
                                                                                       (Language of the case: Dutch)
 O OJ No C 161 , 11 . 6 . 1994 .                                      In Joined Cases T-530/93 to T-533/93 , T-l /94 to T-4/94 ,
                                                                      T-ll /94, T-53/94 and T-71 /94, T-73/94 to T-76/94,
                                                                      T-86/94 and T-87/94, T-91 /94, T-94/94 and T-96/94 ,
                                                                      T-101 /94 to T-106/94, T-118/94 to T-124/94 , T-130/94
 JUDGMENT OF THE COURT OF FIRST INSTANCE                              and T-253/94 : R. Bathoorn and 213 Others, domiciled in
                        of 18 June 1996                               the Netherlands, represented by H. J. Bronkhorst, advocate
in Case T-293/94 : Juana de la Cruz Vela Palacios v.                  with a right of audience before the Hoge Raad ( Supreme
Economic and Social Committee of the European                         Court) of the Netherlands, and E. H. Pijnacker Hordijk, of
                         Communities (')                              the Amsterdam Bar, with an address for service in
 (Officials — Admissibility — Act adversely affecting an              Luxembourg at the Chambers of L. Frieden, 62 avenue
 official — Interim appraisal note — Duty to act in good faith        Guillaume, v . Council of the European Union ( Agent: A.
                     — Disciplinary measure)                          Brautigam ) and Commission of the European Communities
                                                                       ( Agent: Thomas van Rijn ) — application for compensation
                           ( 96/C 210/38 )                            under Article 178 and the second paragraph of Article 215
                 (Language of the case: French)                       of the EEC Treaty for the damage which the applicants claim
                                                                      to have suffered as a result of the application of Council
 In Case T-293/94 : Juana de la Cruz Vela Palacios, an official       Regulation ( EEC ) No 857/84 of 31 March 1984 adopting
 of the Economic and Social Committee of the European                 general rules for the application of the levy referred to in