CELEX: C1997/212/51
Language: en
Date: 1997-07-12 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 3 June 1997 in Case T-196/95: H v. Commission of the European Communities (Officials - Compulsory retirement - Establishment and tasks of the Invalidity Committee - Articles 53 and 59 (2) of the Staff Regulations - Notification of the decision)

No C 212/26            EN                   Official Journal of the European Communities                                     12 . 7 . 97
1 . The application is dismissed as inadmissible.                      Brussels,     represented     by    Jean-Noel  Louis,  Thierry
                                                                       Demaseure and Ariane Tornel, of the Brussels Bar, with an
2 . Each of the parties shall bear its own costs.                      address for service in Luxembourg at the offices of
                                                                       Fiduciaire Myson Sari, 1 Rue de Cessange, v. Council of
(') OJ No C 275 , 1 . 10 . 1994 .                                      the European Union ( Agents : Jean-Paul Jacqué and Denis
                                                                       Waelbroeck ) — application for annulment of the decision
                                                                       of the Secretary-General of the Council of 3 May 1995
                                                                       rejecting the applicant's application for a grade A 1 post
                                                                       in    the  Directorate-General       for Economic  and    Social
                                                                       Cohesion, Regional Policy, Social Policy, Employment,
  JUDGMENT OF THE COURT OF FIRST INSTANCE                              Social Dialogue, Education and Youth, Culture, and
                          of 28 May 1997                               Audiovisual Media ( DG J ), and of the decision of the
      in Case T-59/96: Jean-Louis Burban v. European                   Secretary-General of the Council of 7 November 1995
                           Parliament ( 1 )                            rejecting the applicant's complaint — the Court of First
                                                                       Instance ( Fifth Chamber ), composed of: R. García­
(Officials — Delay in drawing up staff reports — Action
                                                                       Valdecasas, President, and J. Azizi and M. Jaeger, Judges;
for damages — Admissibility — Maladministration —
                                                                       A. Mair, Administrator, for the Registrar, has given a
                                 Loss)
                                                                       judgment on 29 May 1997, in which it:
                           ( 97/C 212/49
               (Language of the case: French)                          1 . dismisses the application;
In Case T-59/96 : Jean-Louis Burban, an official of the                2 . orders the parties to bear their own costs.
European Parliament, residing in Paris, represented by
Jean-Pierre Spitzer, of the Paris Bar, with an address for             C ) OJ No C 77, 16 . 3 . 1996 .
service in Luxembourg at the Chambers of Aloyse May,
31 Grand-Rue, v. European Parliament ( Agents : Yannis
Pantalis, Francis Herbert and Daniel M. Tomasevic ) —
application for compensation for the material and non­
material damage suffered by the applicant as a result of
delay in the drawing up of his staff reports for the periods
1991 — 1992 and        1993— 1994 — the         Court of First            JUDGMENT OF THE COURT OF FIRST INSTANCE
Instance ( Fourth Chamber), composed of: K. Lenaerts,                                            of 3 June 1997
President, and P. Lindh and J. D. Cooke, Judges; J. Palacio
Gonzalez, Administrator, for the Registrar, has given a
                                                                       in Case T- 196/95 : H v. Commission of the European
                                                                                                Communities O
judgment on 28 May 1997, in which it:
                                                                        (Officials — Compulsory retirement — Establishment and
 1 . orders the Parliament to pay the applicant damages in              tasks of the Invalidity Committee — Articles 53 and 59
     the sum of Bfrs 200 000;                                           (2) of the Staff Regulations — Notification of the
                                                                                                      decision)
2 . orders the Parliament to pay all the costs.
                                                                                                  ( 97/C 212/51
 n OJ No C 180, 22 . 6 . 1996 .
                                                                                        (Language of the case: French)
                                                                        In Case T-l 96/95 : H, a former official of the Commission
                                                                        of the European Communities, residing in Brussels,
   JUDGMENT OF THE COURT OF FIRST INSTANCE                              represented initially by Pierre-Paul van Gehuchten and
                                                                       Jacques Sambon and subsequently by Lucette Defalque, of
                          of 29 May 1997                                the Brussels Bar, with an address for service in
 in Case T-6/96: Théistocle Contargyris v. Council of the               Luxembourg at the Chambers of Louis Schiltz, 2 Rue du
                       European Union (')                               Fort Rheinsheim, v. Commission of the European
 (Officials — Rejection of application for a post —                     Communities ( Agent: Ana Maria Alves Vieira ) —
 Article 19 (1) of the Council's rules of procedure —                   application for annulment of the Invalidity Committee 's
 Article 45 of the Staff Regulations — Power of the                     opinion of 13 September 1994, of the Commission's
 Secretary-General of the Council to adopt decisions                    decision of 27 September 1994 compulsorily retiring the
 rejecting an application for a post and a complaint —                  applicant and of the Commission's decision of 27 June
 Notice of vacancy — Manifest error of assessment —                      1995 rejecting the applicant's complaint against the
 Articles 7 and 27 of the Staff Regulations — Obligation to             former decision — the Court of First Instance (Third
     provide a statement of reasons — Misuse of powers)                 Chamber), composed of: B. Vesterdorf, President, C. P.
                                                                        Briët and A. Potocki, Judges; B. Pastor, Principal
                             97/ C 212/50
                                                                        Administrator, for the Registrar, has given a judgment on
                                                                         3 June 1997, in which it:
                (Language of the case: French)
 In Case T-6/96 : Théistocle Contargyris, a former official              1 . dismisses the application as inadmissible in so far as it
  of the Council of the European Union, residing in                           seeks annulment, first, of the decision of 27 June 1995
 ---pagebreak---  12 . 7. 97            EN                  Official Journal of the European Communities                               No C 212/27
      rejecting the complaint of 6 April 1995 and, second,                 ORDER OF THE COURT OF FIRST INSTANCE
      of the opinion of the Invalidity Committee of                                           of 15 May 1997
      13 September 1994;
                                                                      in Case T-l 75/96: Georges Berthu v. Commission of the
                                                                                        European Communities ( ] )
2 . dismisses the       remainder of the application as               (Economic and monetary policy — Commission proposal
      unfounded;                                                      — Action for annulment — Replacement of the term 'ecu '
                                                                      provided for in Article 109g of the EC Treaty by the term
                                                                                    'euro ' — Manifest inadmissibility)
3 . orders the parties to bear their own costs.
                                                                                               ( 97/C 212/53
(M OJ No C 333, 9 . 12 . 1995 .
                                                                                      (Language of the case: French)
                                                                      In Case T-175/96 : Georges Berthu,        a Member of the
                                                                      European Parliament, represented by       Alexandre Varault,
                                                                      of the Paris Bar, v. Commission            of the European
                                                                      Communities (Agent: Ulrich Wölker )        — application for
      ORDER OF THE COURT OF FIRST INSTANCE                            annulment of the ' decision ' of the Commission contained
                                                                      in a proposal for a regulation submitted to the Council on
                         of 12 May 1997
                                                                      16 October 1996 'on some provisions relating to the
in Case T-561/93 ( 92 ): Tiercé Ladbroke SA v. Commission             introduction of the euro' ( COM(96 ) 499 final ) — the
               of the European Communities ( 1 )                      Court of First Instance (Second Chamber), composed of
                                                                      C. W. Bellamy, President, and A. Kalogeropoulos and J.
                       (Taxation of costs)                            Azizi, Judges; H. Jung, Registrar, made an order on
                           97/C 212/52                                15 May 1997, the operative part of which is as follows:
                                                                      1 . The action is dismissed as manifestly inadmissible.
                 (Language of the case: English)
                                                                      2 . The applicant is ordered to pay the costs.
In Case T-561/93 ( 92 ): Tiercé Ladbroke SA, established in
Brussels, represented by Jeremy Lever QC and Christopher              O OJ No C 9 , 11 . 1 . 1997.
Vajda, of the Bar of England and Wales, and by Stephen
Kon, Solicitor, London, with an address for service in
Luxembourg at the Chambers of Winandy & Err, 60
Avenue Gaston Diderich, against Commission of the
European Communities ( Agents: Francisco Enrique
Gonzalez Diaz and Richard Lyal ), supported by Pari
Mutuel Unifié Beige, established in Brussels, and Societe             Action brought on 28 March 1997 by Starway SA against
Cooperative Auxiliaire PMU Beige, established in Brussels,                        the Council of the European Union
together represented by Thomas Delahaye, Member of the                                         Case T-80/97 )
Bar of the Belgian Cour de Cassation, with an address for
                                                                                               ( 97/C 212/54
service in Luxembourg at the Chambers of Charles Turk,
13B Avenue Guillaume — application for taxation of the
costs to be reimbursed by the applicant to the interveners                            (Language of the case: French)
following the order of the President of the Second
Chamber, Extended Composition, of 6 October 1995 ,
removing Case T-561 /93 from the register — the Court of              An action against the Council of the European Union was
First Instance ( Second Chamber), composed of C. W.                   brought before the Court of First Instance of the European
Bellamy, President, A. Kalogeropoulos and J. Azizi,                   Communities on 28 March 1997 by Starway SA, whose
Judges; H. Jung, Registrar, made an order on 12 May                   registered office is at Luynes ( France ), represented by
1997, the operative part of which is as follows:                      Jean-François Bellis and Philippe de Baere, both of the
                                                                      Brussels Bar, with an address for service in Luxembourg at
                                                                      the Chambers of Freddy Brausch, 11 Rue Goethe .
The total amount of the costs to be reimbursed by the
applicant to the interveners is fixed in the sum of Bfrs              The applicant claims that the Court should:
 170 000.
                                                                      — annul Article 2 of Council Regulation (EC ) No 71/97
(') OJ No C 334, 9 . 12 . 1993 .                                          in so far as it applies to the applicant,
                                                                      — order the Council to pay the costs.