CELEX: C1998/094/58
Language: en
Date: 1998-03-28 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 17 February 1998 in Case T-183/96: E v. Economic and Social Committee of the European Communities (Officials - Freedom of expression in relation to hierarchical superiors - Duty of loyalty and obligation to uphold the dignity of the service - Disciplinary measure - Relegation in step - Principle of proportionality)

C 94/22               EN                  Official Journal of the European Communities                                    28.3.98
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            Demaseure and Ariane Tornel, of the Brussels Bar, with an
                       (Fourth Chamber)                              address for service in Luxembourg at Fiduciaire Myson
                                                                     SARL, 30 Rue de Cessange, against European Parliament
                      of 29 January 1998                             (Agents: Manfred Peters and Evelyn Waldherr) Ð
in Case T-157/96: Paolo Salvatore Affatato v. Commission             application for annulment, first, of the decision of the
               of the European Communities (1)                       Parliament of 1 December 1995 assigning the applicant to
(Officials Ð General competitions Ð Non-registration on              non-active status with effect from of 30 November 1995
the list of successful candidates Ð Letter correcting a              and all subsequent decisions relating thereto and, secondly,
letter initially sent to the candidate Ð Legal relationship          the decision of the Parliament of 3 September 1996 to
between the institution and a candidate in a competition             change the date when the decision of 1 December 1995
Ð Obligation to provide a statement of reasons Ð                     was to take effect to 31 January 1996, the Court of First
Damages for material and non-material damage Ð                       Instance (First Chamber), composed of A. Saggio,
                         Permissibility)                             President, B. Vesterdorf and R. M. Moura Ramos, Judges;
                                                                     H. Jung, Registrar, gave a judgment on 13 January 1998,
                          (98/C 94/56)                               the operative part of which is as follows:
                 (Language of the case: Italian)
                                                                     1. The application is dismissed.
In Case T-157/96: Paolo Salvatore Affatato, residing at
Foggia (Italy), represented initially by Nicola De Perna, of
the Foggia Bar, and subsequently by Alberto Tedeschi, of             2. The parties shall each bear their own costs.
the Bari Bar, and Cino Fiori, of the Foggia Bar, with an
address for service at 13 Via Saseo, Foggia, against the             (1) OJ C 388, 21.12.1996.
Commission of the European Communities (Agent:
Gianluigi Valsesia) Ð application for, first, a finding that
the letter whereby the chairman of the selection board for
competition COM/B/794 informed the applicant that he
was registered on the list of successful candidates in the
aforementioned competition is valid and, in the
alternative, for the annulment of the illegal stages of that           JUDGMENT OF THE COURT OF FIRST INSTANCE
competition and, secondly, a claim for damages to                                         of 17 February 1998
compensate him for material and non-material damage
suffered Ð the Court of First Instance (Fourth Chamber),             in Case T-183/96: E v. Economic and Social Committee of
composed of K. Lenaerts, President, P. Lindh and J. D.                               the European Communities (1)
Cooke, Judges; A. Mair, Administrator, for the Registrar,            (Officials Ð Freedom of expression in relation to
gave a judgment on 29 January 1998, in which it:                     hierarchical superiors Ð Duty of loyalty and obligation to
                                                                     uphold the dignity of the service Ð Disciplinary measure
1. dismissed the claims in the application;
                                                                         Ð Relegation in step Ð Principle of proportionality)
2. ordered the Commission to pay to the applicant BEF                                         (98/C 94/58)
     30 000 by way of compensation for non-material
     damage;
                                                                                    (Language of the case: Spanish)
3. ordered the Commission to pay the costs.
                                                                     In Case T-183/96: E, a former official of the Economic
(1) OJ C 40, 8.2.1997.
                                                                     and Social Committee of the European Communities,
                                                                     residing in Brussels, represented initially by Guy San
                                                                     BartolomeÂ Sarrey, of the Brussels Bar, and subsequently by
                                                                     Miguel Troncoso-Ferrer, of the Brussels Bar, and Pierre
                                                                     Demolin, of the Mons Bar, with an address for service in
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            Luxembourg at the Chambers of Charles Kaufhold, 7
                                                                     Côte d'Eich, v. Economic and Social Committee of the
                        (First Chamber)
                                                                     European Communities (Agents: Moises Bermejo Garde
                      of 13 January 1998                             and Alberto Dal Ferro) Ð application for annulment of
       in Case T-176/96: Cornelis Volger v. European                 the decision of the Secretary-General of the Economic and
                         Parliament (1)                              Social Committee imposing on the applicant the
                                                                     disciplinary measure of relegation in step Ð the Court of
(Officials Ð Action for annulment Ð Admissibility Ð                  First Instance (Third Chamber), composed of: V. Tiili,
Decision to assign to non-active status Ð Article 41 of the          President, and C. P. BrieÈt and A. Potocki, Judges; B.
Staff Regulations Ð Duty to have regard to officials'                Pastor, Principal Administrator, for the Registrar, has given
                            interests)                               a judgment on 17 February 1998, in which it:
                          (98/C 94/57)
                (Language of the case: French)                       1. annuls the decision of the Economic and Social
                                                                         Committee of 18 January 1996 imposing on the
In Case T-176/96: Cornelis Volger, resident at Heffingen                 applicant the disciplinary measure of relegation in
(Luxembourg), represented by Jean-NoeÈl Louis, Thierry                   step;
 ---pagebreak--- 28.3.98              EN                 Official Journal of the European Communities                                    C 94/23
2. orders the Economic and Social Committee to pay all             Bahnhofstraûe 43c, Konz (Germany), represented by Theo
    of the costs.                                                  Baltes and Bernward Wittschier, Rechtsanwälte, of Trier,
                                                                   with an address for service in Luxembourg at the
(1) OJ C 54, 22.2.1997.                                            Chambers of ReneÂ Weber, 3 Rue de la Loge, v. Court of
                                                                   Justice of the European Communities (Agents: Timothy
                                                                   Millett and Bernd Zimmermann), supported by Council of
                                                                   the European Union (Agents: Diego Canga Fano and
                                                                   Martin Bauer) Ð application, first, for annulment of the
                                                                   decision of the Complaints Committee of the Court of
                                                                   Justice of 1 July 1996, second, for the recalculation and
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          definitive determination of the applicant's pension for the
                     of 3 February 1998                            period from 1 July 1991 to 30 June 1994 on the basis of
                                                                   the weightings for Berlin fixed annually by the Council,
in Case T-68/96: Dimitrios Polyvios v. Commission of the           and, thirdly and in the alternative, for the designation of a
                  European Communities (1)                         date in the near future when that calculation and
(Fisheries Ð Community financial assistance for projects           determination are to take place Ð the Court of First
by joint enterprises Ð Regulation No 4028/86 Ð Extra-              Instance (Third Chamber), composed of: V. Tiili,
      contractual liability Ð Manifest inadmissibility)            President, and C. P. BrieÈt and A. Potocki, Judges; H. Jung,
                                                                   Registrar, has given a judgment on 20 January 1998, in
                         (98/C 94/59)                              which it:
                (Language of the case: Greek)
                                                                   1. dismisses the application as manifestly inadmissible;
In Case T-68/96: Dimitrios Polyvios, residing at Piraeus
(Greece), represented by Vassilios Zangas, of the Athens           2. orders the parties to bear their own costs.
Bar, with an address for service in Luxembourg at the
Chambers of Catherine Thill-Kamitaki, 15 Avenue du                 (1) OJ C 370, 7.12.1996.
Bois, v. Commission of the European Communities
(Agents: Maria Condou Durande and Hubertus van Vliet)
Ð application for compensation for the material damage
allegedly suffered by the applicant as a result of the
negligence of the Commission on the adoption of a
decision approving an application for financial aid for the
formation of a joint enterprise in Senegal Ð the Court of               ORDER OF THE COURT OF FIRST INSTANCE
First Instance (Fourth Chamber), composed of: P. Lindh,                                  (Third Chamber)
President, and K. Lenaerts and J. D. Cooke, Judges; H.
Jung, Registrar, has given a judgment on 3 February 1998,                               of 14 January 1998
in which it:                                                       in Case T-30/97: Juana de la Cruz Vela Palacios v.
                                                                         Economic and Social Committee of the European
1. dismisses the application as manifestly inadmissible;                                  Communities (1)
                                                                   (Officials Ð Action for annulment and for damages Ð
2. orders the applicant to pay the costs.                                Time-limit for bringing an action Ð Inadmissible)
                                                                                            (98/C 94/61)
(1) OJ C 210, 20.7.1996.
                                                                                  (Language of the case: Spanish)
                                                                   In Case T-30/97: Juana de la Cruz Vela Palacios, former
                                                                   official of the Economic and Social Committee of the
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          European Communities, residing in Brussels, represented
                                                                   by Jaime Creus, of the Barcelona Bar, with an address for
                     of 20 January 1998                            service at 377 C/ Consell de Cent, Barcelona, against
in Case T-160/96: Max Kögler v. Court of Justice of the            Economic and Social Committee of the European
                  European Communities (1)                         Communities (Agent: Moises Bermejo Garde) Ð
                                                                   application for the annulment of, first, a decision
(Officials Ð Pension Ð Weighting Ð Change of capital of            imposing on the applicant the disciplinary measure of
           a Member State Ð Retroactive effect)                    relegation in step and, secondly, a decision to reduce her
                         (98/C 94/60)                              annual leave and a claim for compensation for the non-
                                                                   material damage allegedly suffered by the applicant as a
                                                                   result of those measures Ð the Court of First Instance
               (Language of the case: German)
                                                                   (Third Chamber), composed of V. Tiili, President, C. P.
                                                                   BrieÈt and A. Potocki, Judges; H. Jung, Registrar, made an
In Case T-160/96: Max Kögler, a former official of the             order on 14 January 1998, the operative part of which is
Court of Justice of the European Communities, residing at          as follows: