CELEX: C1995/333/34
Language: en
Date: 1995-12-09 00:00:00
Title: Action brought on 8 October 1995 by Giovanni Sergio against Commission of the European Communities (Case T-185/95)

No C 333/ 18          EN                  Official Journal of the European Communities                                     9 . 12 . 95
have been paid for already by the sums paid during the               publication, the general implementing provisions applicable
course of the contract and that therefore nothing further            did not provide that the abovementioned six-month period
was due to the undertaking.                                          had to be complied with 'on pain of a request being declared
                                                                     time-barred '.
The legal representative of the undertaking then wrote to the
authorities of the Centre, making counter-allegations highly         The applicant based the request giving rise to the contested
insulting to the applicant. At the same time the applicant           decision on, first, the fact that he had been unable to comply
received a great many anonymous telephone calls which                with the six-month period laid down by the general
openly threatened him and his family .                               implementing provisions because he was on leave on
                                                                     personal grounds when the agreement with the Italian
The applicant perceived that those facts constituted the             authority was published and, second, the fact that he had
situation envisaged by the first subparagraph of Article 24          not been informed before 15 March 1994 , the date on which
of the Staff Regulations and on 28 July 1994 he submitted            the judgment in Case T- 100/92 La Pietra was delivered, that
a request to the appointing authority for the assistance             this period allowed account to be taken of circumstances
provided for in such circumstances. The appointing                   excusing delay in making a request other than force
authority has made no reply to that request.                         majeure .
                                                                     The applicant first of all contends that it was open to the
                                                                     Commission to notify its officials of the agreement in
                                                                     question through the medium of the Administrative Notices
                                                                     as well as through the Official Journal of the European
Action brought on 8 October 1995 by Giovanni Sergio                  Communities. In view of the fact that the defendant chose
     against Commission of the European Communities                  the former option, the applicant cannot then be deemed to
                       ( Case T-185 /95 )                            have been aware of the texts thus published, with the result
                                                                     that the time-limit provided for by the general implementing
                         ( 95/C 333/34 )                             provisions and the dies a quo resulting from the publication
                                                                     of the agreement or from his reinstatement in his post after
                (Language of the case: French)                       leave on personal grounds can operate against him only
                                                                     from the date on which he became aware of them .
An action against the Commission of the European                     Furthermore, as follows from the judgment in Case T-70/91
Communities was brought before the Court of First                    Moretto, it is now established that a failure to comply with
Instance of the European Communities on 8 October 1995               the six-month period may be justified by facts, other than
by Giovanni Sergio, residing in Brussels ( Belgium ),                force majeure, which are not attributable to fault on the part
                                                                     of the official concerned .
represented by Marc-Albert Lucas, of the Liege Bar.
                                                                     Finally, the applicant claims that he cannot be deemed to
The applicant claims that the Court should :                         have been aware of the judgment in Moretto on the date of
                                                                     its delivery or of its publication in the European Court
— annul the Commission decision 7 July 1994 ,                        Reports, since the Commission has the duty to inform its
                                                                     staff of the consequences of judgments having particular
— recognize the applicant's option, under Article 11 ( 2 ) of        significance for Community officials .
     Annex VIII to the Staff Regulations, to transfer pension
     rights acquired in Italy from 22 November 1961 to
     21 November 1964 in respect of his service with the
     authorities of the Commune of Cutro,
— order the defendant to pay the costs .
                                                                            Action brought on 6 October 1995 by Marco
Pleas in law and main arguments:                                         Mazzocchi-Alemanni against the Commission of the
                                                                                          European Communities
The applicant, an official working with the Commission,
                                                                                             ( Case T- 186/95 )
 contests the refusal to grant his request for the transfer of
 pension rights which he had acquired prior to his                                             ( 95/C 333/35 )
 appointment, when he was working in Italy.
                                                                                     (Language of the case: French)
 Pursuant to Article 11 ( 2 ) of Annex VIII to the Staff
 Regulations, the Commission adopted a number of general
 implementing provisions, which laid down a six-month                 An action against the Commission of the European
 period within which such a transfer had to be requested; at          Communities was brought before the Court of First
 the time when agreement was reached with the competent               Instance of the European Communities on 6 October 1995
 Italian authority which made this transfer possible, the             by Marco Mazzocchi-Alemanni, residing in Libreville
 applicant was on leave on personal grounds and was                   ( Gabon ), represented by Nicolas Lhoest, of the Brussels Bar,
 therefore unable to be aware of this. This agreement was             with an address for service in Luxembourg at the office of
 published in the Administrative Notices. At the time of this         Fiduciaire Myson S.ar.l., 1 Rue Glesener.